[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 744-756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE267


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Operation, Maintenance, and Repair 
of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin 
Pipeline Lateral Facilities in Massachusetts Bay

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

[[Page 745]]


ACTION: Notice; issuance of an incidental take authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to the Northeast 
Gateway[supreg] Energy BridgeTM, L.P. (Northeast Gateway or 
NEG) and Algonquin Gas Transmission, L.L.C. (Algonquin) to take, by 
harassment, small numbers of 14 species of marine mammals incidental to 
operating, maintaining, and repairing a liquefied natural gas (LNG) 
port and the Algonquin Pipeline Lateral (Pipeline Lateral) facilities 
by NEG and Algonquin, in Massachusetts Bay, from December 23, 2015, 
through December 22, 2016.

DATES: Effective December 23, 2015, through December 22, 2016.

ADDRESSES: A copy of the original and revised application containing a 
list of the references used in this document, The Maritime 
Administration (MARAD), U.S. Coast Guard (USCG) Final Environmental 
Impact Statement (Final EIS) on the Northeast Gateway Energy Bridge LNG 
Deepwater Port license application, and other related documents are 
available for viewing at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A)(D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon request, 
the incidental, but not intentional taking 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 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.''
    Section 101(a)(5)(D) of the MMPA established an expedited process 
by which citizens of the U.S. can apply for a one-year authorization to 
incidentally take small numbers of marine mammals by harassment, 
provided that there is no potential for serious injury or mortality to 
result from the activity. Section 101(a)(5)(D) establishes a 45-day 
time limit for NMFS review of an application followed by a 30-day 
public notice and comment period on any proposed authorizations for the 
incidental harassment of marine mammals. Within 45 days of the close of 
the comment period, NMFS must either issue or deny the authorization.

Summary of Request

    On June 9, 2015, NMFS received an application from Excelerate and 
Tetra Tech, on behalf of Northeast Gateway and Algonquin, for an 
authorization to take 14 species of marine mammals by Level B 
harassment incidental to operations, maintenance, and repair of an LNG 
port and the Pipeline Lateral facilities in Massachusetts Bay. They 
are: North Atlantic right whale, humpback whale, fin whale, sei whale, 
minke whale, long-finned pilot whale, Atlantic white-sided dolphin, 
bottlenose dolphin, short-beaked common dolphin, killer whale, Risso's 
dolphin, harbor porpoise, harbor seal, and gray seal. Since LNG Port 
and Pipeline Lateral operation, maintenance, and repair activities have 
the potential to take marine mammals, a marine mammal take 
authorization under the MMPA is warranted.
    NMFS first issued an IHA to Northeast Gateway and Algonquin to 
allow for the incidental harassment of small numbers of marine mammals 
resulting from the construction and operation of the NEG Port and the 
Algonquin Pipeline Lateral (72 FR 27077; May 14, 2007). Subsequently, 
NMFS issued five one-year IHAs for the take of marine mammals 
incidental to the operation of the NEG Port activity pursuant to 
section 101(a)(5)(D) of the MMPA (73 FR 29485, May 21, 2008; 74 FR 
45613, September 3, 2009; 75 FR 53672, September 1, 2010; and 76 FR 
62778, October 11, 2011). On December 22, 2014, NMFS issued an IHA to 
NEG and Algonquin to take marine mammals incidental to the operations 
of the NEG Port as well as maintenance and repair activities (79 FR 
78806, December 31, 2014). The current IHA expired on December 21, 
2015.
    On November 20, 2015, NMFS published a Federal Register notice (80 
FR 72688) for a proposed IHA for the incidental take of small number of 
14 marine mammal species incidental to NEG and Algonquin's Port and 
Lateral Pipeline operations and maintenance and repair activities 
between December 22, 2015, and December 21, 2016. There has been no 
change regarding the proposed activities and monitoring and mitigation 
measures from the proposed IHA.

Description of the Specified Activity

    The proposed NEG and Algonquin activities include the following:
    NEG Port Operations: The NEG Port operations involve docking of LNG 
vessels and regasification of LNG for delivery to shore. Noises 
generated during these activities, especially from the LNG vessel's 
dynamics positioning thrusters during docking, could result in takes of 
marine mammals in the Port vicinity by level B behavioral harassment.
    NEG Port Maintenance and Repair: Regular maintenance and occasional 
repair of the NEG Port are expected to occur throughout the NEG Port 
operation period. Machinery used during these activities generate 
noises that could result in takes of marine mammals in the Port 
vicinity by Level B behavioral harassment.
    Algonquin Pipeline Lateral Routine Operations and Maintenance: The 
Algonquin Pipeline Lateral that is used for gas delivery would be 
inspected regularly to ensure proper operations. The work would be done 
using support vessels operating in dynamic positioning mode. Noises 
generated from these activities could result in takes of marine mammals 
in the vicinity of Pipeline Lateral by Level B behavioral harassment.
    Unplanned Pipeline Repair Activities: Unplanned repair activities 
may be required from time to time at a location along the Algonquin 
Pipeline Lateral in west Massachusetts Bay, as shown in Figure 2.1 of 
the IHA application. The repair would involve the use of a dive vessel 
operating in dynamic positioning mode. Noise generated from this 
activity could result in takes of marine mammals in the vicinity of 
repair work by Level B behavioral harassment.
    An IHA was previously issued to NEG and Algonquin for this activity 
on December 22, 2014 (79 FR 78806; December 31, 2014), based on 
activities described on Excelerate and Tetra Tech's IHA application 
submitted in June 2014 and on the Federal Register notice for the 
proposed IHA (78 FR 69049; November 18, 2013). The latest

[[Page 746]]

IHA application submitted by Excelerate and Tetra Tech on October 9, 
2015, contains the same information on project descriptions as 
described in the June 2014 IHA application. There is no change on the 
NEG and Algonquin's proposed LNG Port and Pipeline Lateral operations 
and maintenance and repair. Please refer to these documents for a 
detailed description of NEG and Algonquin's proposed LNG Port and 
Pipeline Lateral operations and maintenance and repair activities.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to Northeast Gateway and 
Algonquin was published in the Federal Register notice on November 20, 
2015 (80 FR 72688). The notice described Northeast Gateway and 
Algonquin's activities, the marine mammal species that may be affected 
by the activity, the anticipated effects on marine mammals, and the 
proposed monitoring, mitigation, and reporting measures.
    During the 30-day public comment period, NMFS received a comment 
letter from the Marine Mammal Commission (Commission), which is 
addressed here. NMFS also received one comment letter from a private 
citizen. However, the contents of that letter are not relevant to our 
determinations under the MMPA, and therefore they are not addressed 
here.
    Comment 1: The Commission recommends that NMFS issue the requested 
incidental harassment authorization, subject to inclusion of the 
proposed mitigation, monitoring, and reporting measures.
    Response: NMFS concurs with the Commission's recommendation and has 
included the mitigation, monitoring, and reporting measures contained 
in the proposed authorization in the issued IHA.

Description of Marine Mammals in the Area of the Specified Activities

    General information on the marine mammal species found in 
Massachusetts Bay can be found in Waring et al. (2014), which is 
available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/ao2013_tm228.pdf. Refer to that document for information on these 
species.
    Marine mammal species that potentially occur in the vicinity of the 
Northeast Gateway facility can be found in the IHA application and in 
the earlier Federal Register notice for the proposed IHA (78 FR 69049; 
November 18, 2013). These species are summarized in Table 1 below.

                                        Table 1--Marine Mammal Species Potentially Present in Region of Activity
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              Species                      ESA status              MMPA status             Abundance                Range                Occurrence
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North Atlantic right whale.........  Endangered............  Depleted..............  465..................  N. Atlantic..........  Occasional.
Humpback whale.....................  Endangered............  Depleted..............  823..................  N. Atlantic..........  Occasional.
Fin whale..........................  Endangered............  Depleted..............  1618.................  N. Atlantic..........  Occasional.
Sei whale..........................  Endangered............  Depleted..............  357..................  N. Atlantic..........  Occasional.
Minke whale........................  Not listed............  Non-depleted..........  20741................  N. Atlantic..........  Occasional.
Long-finned pilot whale............  Not listed............  Non-depleted..........  21515................  N. Atlantic..........  Occasional.
Atlantic white-sided dolphin.......  Not listed............  Non-depleted..........  48819................  N. Atlantic..........  Occasional.
Bottlenose dolphin.................  Not listed............  Non-depleted..........  11548................  N. Atlantic..........  Uncommon.
Common dolphin.....................  Not listed............  Non-depleted..........  173486...............  N. Atlantic..........  Uncommon.
Killer whale.......................  Not listed............  Non-depleted..........  Unknown..............  N. Atlantic..........  Uncommon.
Risso's dolphin....................  Not listed............  Non-depleted..........  18250................  N. Atlantic..........  Uncommon.
Harbor porpoise....................  Not listed............  Non-depleted..........  79833................  N. Atlantic..........  Uncommon.
Harbor Seal........................  Not listed............  Non-depleted..........  75834................  N. Atlantic..........  Occasional.
Gray seal..........................  Not listed............  Non-depleted..........  Unknown..............  N. Atlantic..........  Occasional.
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Potential Effects of the Specified Activity on Marine Mammals

    The underwater noise from NEG and Algonquin's LNG Port and Pipeline 
Lateral operations and maintenance and repair activities have the 
potential to result in behavioral harassment of marine mammal species 
and stocks in the vicinity of the action area. The Notice of Proposed 
IHA included a detailed discussion of the effects of anthropogenic 
noise on marine mammals, which is not repeated here. No instances of 
hearing threshold shifts, injury, serious injury, or mortality are 
expected as a result of these activities given that none of these 
activities general noises that are above the threshold to cause hearing 
impairment or injury.

Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammals and other marine 
species are associated with elevated sound levels, but the project may 
also result in additional effects to marine mammal prey species and 
short-term marine mammal prey loss caused by water usage during LNG 
degasification. These potential effects are discussed in detail in the 
Federal Register notice for the proposed IHA and are not repeated here.

Mitigation Measures

    In order to issue an incidental take authorization 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 adverse 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. NMFS regulations 
require applicants for incidental take authorizations to include 
information about the availability and feasibility (economic and 
technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks, their habitat.
    For the NEG LNG Port operations and maintenance and repair 
activities, Excelerate and Tetra Tech worked with NMFS to develop 
mitigation measures to minimize the potential impacts to marine mammal 
populations in the project vicinity as a result of the LNG Port and 
Algonquin Pipeline Lateral operations and maintenance and repair 
activities. The primary purpose of these mitigation measures is to 
ensure that no marine mammal would be injured or killed by vessels 
transiting the LNG Port facility, and to minimize the intensity of 
noise exposure of marine mammals in the activity area. For the NEG Port 
and Algonquin Pipeline Lateral operations and maintenance and repair, 
the following mitigation measures are required.

[[Page 747]]

(a) General Marine Mammal Avoidance Measures

    All vessels shall utilize the International Maritime Organization 
(IMO)-approved Boston Traffic Separation Scheme (TSS) on their approach 
to and departure from the NEG Port and/or the repair/maintenance area 
at the earliest practicable point of transit in order to avoid the risk 
of whale strikes.
    Upon entering the TSS and areas where North Atlantic right whales 
are known to occur, including the Great South Channel Seasonal 
Management Area (GSC-SMA) and the Stellwagen Bank National Marine 
Sanctuary (SBNMS), the Energy Bridge Regasification Vessels 
(EBRVTM) shall go into ``Heightened Awareness'' as described 
below.
    (1) Prior to entering and navigating the modified TSS, the Master 
of the vessel shall:
     Consult Navigational Telex (NAVTEX), NOAA Weather Radio, 
the NOAA Right Whale Sighting Advisory System (SAS) or other means to 
obtain current right whale sighting information as well as the most 
recent Cornell acoustic monitoring buoy data for the potential presence 
of marine mammals;
     Post a look-out to visually monitor for the presence of 
marine mammals;
     Provide the U.S. Coast Guard (USCG) required 96-hour 
notification of an arriving EBRV to allow the NEG Port Manager to 
notify Cornell of vessel arrival.
    (2) The look-out shall concentrate his/her observation efforts 
within the 2-mile radius zone of influence (ZOI) from the maneuvering 
EBRV.
    (3) If marine mammal detection was reported by NAVTEX, NOAA Weather 
Radio, SAS and/or an acoustic monitoring buoy, the look-out shall 
concentrate visual monitoring efforts towards the areas of the most 
recent detection.
    (4) If the look-out (or any other member of the crew) visually 
detects a marine mammal within the 2-mile radius ZOI of a maneuvering 
EBRV, he/she will take the following actions:
     The Officer-of-the-Watch shall be notified immediately; 
who shall then relay the sighting information to the Master of the 
vessel to ensure action(s) can be taken to avoid physical contact with 
marine mammals.
     The sighting shall be recorded in the sighting log by the 
designated look-out.
    In accordance with 50 CFR 224.103(c), all vessels associated with 
NEG Port and Pipeline Lateral activities shall not approach closer than 
500 yards (460 m) to a North Atlantic right whale and 100 yards (91 m) 
to other whales to the extent physically feasible given navigational 
constraints. In addition, when approaching and departing the project 
area, vessels shall be operated so as to remain at least 1 kilometer 
away from any visually-detected North Atlantic right whales.
    In response to active right whale sightings and active acoustic 
detections, and taking into account exceptional circumstances, EBRVs as 
well as repair and maintenance vessels shall take appropriate actions 
to minimize the risk of striking whales. Specifically, vessels shall:
    (1) Respond to active right whale sightings and/or Dynamic 
Management Areas (DMAs) reported on the Mandatory Ship Reporting (MSR) 
or SAS by concentrating monitoring efforts towards the area of most 
recent detection and reducing speed to 10 knots or less if the vessel 
is within the boundaries of a DMA or within the circular area centered 
on an area 8 nautical miles (nm) in radius from a sighting location;
    (2) Respond to active acoustic detections by concentrating 
monitoring efforts towards the area of most recent detection and 
reducing speed to 10 knots or less within an area 5 nm in radius 
centered on the detecting auto-detection buoy (AB); and
    (3) Respond to additional sightings made by the designated look-
outs within a 2-mile radius of the vessel by slowing the vessel to 10 
knots or less and concentrating monitoring efforts towards the area of 
most recent sighting.
    All vessels operated under NEG and Algonquin must follow the 
established specific speed restrictions when calling at the NEG Port. 
The specific speed restrictions required for all vessels (i.e., EBRVs 
and vessels associated with maintenance and repair) consist of the 
following:
    (1) Vessels shall reduce their maximum transit speed while in the 
TSS from 12 knots or less to 10 knots or less from March 1 to April 30 
in all waters bounded by straight lines connecting the following points 
in the order stated below unless an emergency situation dictates for an 
alternate speed. This area shall hereafter be referred to as the Off 
Race Point Seasonal Management Area (ORP-SMA) and tracks NMFS 
regulations at 50 CFR 224.105:

42[deg]30' N., 70[deg]30' W.; 41[deg]40' N., 69[deg]57' W.;
42[deg]30' N., 69[deg]45' W.; 42[deg]12' N., 70[deg]15' W.;
41[deg]40' N., 69[deg]45' W.; 42[deg]12' N., 70[deg]30' W.;
42[deg]04.8' N., 70[deg]10' W.; 42[deg]30' N., 70[deg]30' W.;

    (2) Vessels shall reduce their maximum transit speed while in the 
TSS to 10 knots or less unless an emergency situation dictates for an 
alternate speed from April 1 to July 31 in all waters bounded by 
straight lines connecting the following points in the order stated 
below. This area shall hereafter be referred to as the GSC-SMA and 
tracks NMFS regulations at 50 CFR 224.105:

42[deg]30' N., 69[deg]45' W.; 41[deg]40' N., 69[deg]45' W.;
42[deg]30' N., 67[deg]27' W.; 42[deg]30' N., 69[deg]45' W.;
42[deg]09' N., 67[deg]08.4' W.; 41[deg]00' N., 69[deg]05' W.;

    (3) Vessels are not expected to transit the Cape Cod Bay or the 
Cape Cod Canal; however, in the event that transit through the Cape Cod 
Bay or the Cape Cod Canal is required, vessels shall reduce maximum 
transit speed to 10 knots or less from January 1 to May 15 in all 
waters in Cape Cod Bay, extending to all shorelines of Cape Cod Bay, 
with a northern boundary of 42[deg]12' N. latitude and the Cape Cod 
Canal. This area shall hereafter be referred to as the Cape Cod Bay 
Seasonal Management Area (CCB-SMA).
    (4) All Vessels transiting to and from the project area shall 
report their activities to the mandatory reporting Section of the USCG 
to remain apprised of North Atlantic right whale movements within the 
area. All vessels entering and exiting the MSRA shall report their 
activities to WHALESNORTH. Vessel operators shall contact the USCG by 
standard procedures promulgated through the Notice to Mariner system.
    (5) All Vessels greater than or equal to 300 gross tons (GT) shall 
maintain a speed of 10 knots or less, unless an emergency situation 
requires speeds greater than 10 knots.
    (6) All Vessels less than 300 GT traveling between the shore and 
the project area that are not generally restricted to 10 knots will 
contact the Mandatory Ship Reporting (MSR) system, the USCG, or the 
project site before leaving shore for reports of active DMAs and/or 
recent right whale sightings and, consistent with navigation safety, 
restrict speeds to 10 knots or less within 5 miles (8 kilometers) of 
any sighting location, when traveling in any of the seasonal management 
areas (SMAs) or when traveling in any active DMA.

(b) NEG Port-Specific Operations

    In addition to the general marine mammal avoidance requirements 
identified above, vessels calling on the NEG Port must comply with the 
following additional requirements:
    (1) EBRVs shall travel at 10 knots maximum speed when transiting 
to/from the TSS or to/from the NEG Port/

[[Page 748]]

Pipeline Lateral area. For EBRVs, at 1.86 miles (3 km) from the NEG 
Port, speed will be reduced to 3 knots and to less than 1 knot at 1,640 
ft (500 m) from the NEG buoys, unless an emergency situation dictates 
the need for an alternate speed.
    (2) EBRVs that are approaching or departing from the NEG Port and 
are within the Area to be Avoided (ATBA) surrounding the NEG Port, 
shall remain at least 1 km away from any visually-detected North 
Atlantic right whale and at least 100 yards (91 m) away from all other 
visually-detected whales unless an emergency situation requires that 
the vessel stay its course. During EBRV maneuvering, the Vessel Master 
shall designate at least one look-out to be exclusively and 
continuously monitoring for the presence of marine mammals at all times 
while the EBRV is approaching or departing from the NEG Port.
    (3) During NEG Port operations, in the event that a whale is 
visually observed within 1 km of the NEG Port or a confirmed acoustic 
detection is reported on either of the two ABs closest to the NEG Port 
(western-most in the TSS array), departing EBRVs shall delay their 
departure from the NEG Port, unless an emergency situation requires 
that departure is not delayed. This departure delay shall continue 
until either the observed whale has been visually (during daylight 
hours) confirmed as more than 1 km from the NEG Port or 30 minutes have 
passed without another confirmed detection either acoustically within 
the acoustic detection range of the two ABs closest to the NEG Port, or 
visually within 1 km from the NEG Port.
    Vessel captains shall focus on reducing dynamic positioning (DP) 
thruster power to the maximum extent practicable, taking into account 
vessel and Port safety, during the operation activities. Vessel 
captains will shut down thrusters whenever they are not needed.

(c) Planned and Unplanned Maintenance and Repair Activities

NEG Port
    (1) The Northeast Gateway shall conduct empirical source level 
measurements on all noise emitting construction equipment and all 
vessels that are involved in maintenance/repair work.
    (2) If DP systems are to be employed and/or activities will emit 
noise with a source level of 139 dB re 1 [mu]Pa at 1 m, activities 
shall be conducted in accordance with the requirements for DP systems 
listed above.
    (3) Northeast Gateway shall provide the NMFS Headquarters Office of 
the Protected Resources, NMFS Northeast Region Ship Strike Coordinator, 
and SBNMS with a minimum of 30 days' notice prior to any planned repair 
and/or maintenance activity. For any unplanned/emergency repair/
maintenance activity, Northeast Gateway shall notify the agencies as 
soon as it determines that repair work must be conducted. Northeast 
Gateway shall continue to keep the agencies apprised of repair work 
plans as further details (e.g., the time, location, and nature of the 
repair) become available. A final notification shall be provided to 
agencies 72 hours prior to crews being deployed into the field.
Pipeline Lateral
    (1) Pipeline maintenance/repair vessels less than 300 GT traveling 
between the shore and the maintenance/repair area that are not 
generally restricted to 10 knots shall contact the MSR system, the 
USCG, or the project site before leaving shore for reports of active 
DMAs and/or recent right whale sightings and, consistent with 
navigation safety, restrict speeds to 10 knots or less within 5 miles 
(8 km) of any sighting location, when travelling in any of the seasonal 
management areas (SMAs) as defined above.
    (2) Maintenance/repair vessels greater than 300 GT shall not exceed 
10 knots, unless an emergency situation that requires speeds greater 
than 10 knots.
    (3) Planned maintenance and repair activities shall be restricted 
to the period between May 1 and November 30 when most of the majority 
of North Atlantic right whales are absent in the area.
    (4) Unplanned/emergency maintenance and repair activities shall be 
conducted utilizing anchor-moored dive vessel whenever operationally 
possible.
    (5) Algonquin shall also provide the NMFS Office of the Protected 
Resources, NMFS Northeast Region Ship Strike Coordinator, and SBNMS 
with a minimum of 30-day notice prior to any planned repair and/or 
maintenance activity. For any unplanned/emergency repair/maintenance 
activity, Northeast Gateway shall notify the agencies as soon as it 
determines that repair work must be conducted. Algonquin shall continue 
to keep the agencies apprised of repair work plans as further details 
(e.g., the time, location, and nature of the repair) become available. 
A final notification shall be provided to agencies 72 hours prior to 
crews being deployed into the field.
    (6) If DP systems are to be employed and/or activities will emit 
noise with a source level of 139 dB re 1 [mu]Pa at 1 m, activities 
shall be conducted in accordance with the requirements for DP systems 
listed in (5)(b)(ii).
    (7) In the event that a whale is visually observed within 0.5 mile 
(0.8 kilometers) of a repair or maintenance vessel, the vessel 
superintendent or on-deck supervisor shall be notified immediately. The 
vessel's crew shall be put on a heightened state of alert and the 
marine mammal shall be monitored constantly to determine if it is 
moving toward the repair or maintenance area.
    (8) Repair/maintenance vessel(s) must cease any movement and/or 
cease all activities that emit noises with source level of 139 dB re 1 
[mu]Pa @ 1 meter or higher when a right whale is sighted within or 
approaching at 500 yards (457 meters) from the vessel. The source level 
of 139 dB corresponds to 120 dB received level at 500 yards (457 
meters). Repair and maintenance work may resume after the marine mammal 
is positively reconfirmed outside the established zones (500 yards [457 
meters]) or 30 minutes have passed without a redetection. Any vessels 
transiting the maintenance area, such as barges or tugs, must also 
maintain these separation distances.
    (9) Repair/maintenance vessel(s) must cease any movement and/or 
cease all activities that emit noises with source level of 139 dB re 1 
[mu]Pa @ 1 meter or higher when a marine mammal other than a right 
whale is sighted within or approaching at 100 yards (91 meters) from 
the vessel. Repair and maintenance work may resume after the marine 
mammal is positively reconfirmed outside the established zones (100 
yards [91 meters]) or 30 minutes have passed without a redetection. Any 
vessels transiting the maintenance area, such as barges or tugs, must 
also maintain these separation distances.
    (10) Algonquin and associated contractors shall also comply with 
the following:
     Operations involving excessively noisy equipment (source 
level exceeding 139 dB re 1[mu]Pa @ 1 meter) shall ``ramp-up'' sound 
sources, allowing whales a chance to leave the area before sounds reach 
maximum levels. In addition, Northeast Gateway, Algonquin, and other 
associated contractors shall maintain equipment to manufacturers' 
specifications, including any sound-muffling devices or engine covers 
in order to minimize noise effects. Noisy construction equipment shall 
only be used as needed and equipment shall be turned off when not in 
operation.

[[Page 749]]

     Any material that has the potential to entangle marine 
mammals (e.g., anchor lines, cables, rope or other construction debris) 
shall only be deployed as needed and measures shall be taken to 
minimize the chance of entanglement.
     For any material that has the potential to entangle marine 
mammals, such material shall be removed from the water immediately 
unless such action jeopardizes the safety of the vessel and crew as 
determined by the Captain of the vessel.
     In the event that a marine mammal becomes entangled, the 
marine mammal coordinator and/or protected species observer (PSO) will 
notify NMFS (if outside the SBNMS), and SBNMS staff (if inside the 
SBNMS) immediately so that a rescue effort may be initiated.
    (11) All maintenance/repair activities shall be scheduled to occur 
between May 1 and November 30; however, in the event of unplanned/
emergency repair work that cannot be scheduled during the preferred May 
through November work window, the following additional measures shall 
be followed for Pipeline Lateral maintenance and repair related 
activities between December and April:
     Between December 1 and April 30, if on-board PSOs do not 
have at least 0.5-mile visibility, they shall call for a shutdown. At 
the time of shutdown, the use of thrusters must be minimized. If there 
are potential safety problems due to the shutdown, the captain will 
decide what operations can safely be shut down.
     Prior to leaving the dock to begin transit, the barge 
shall contact one of the PSOs on watch to receive an update of 
sightings within the visual observation area. If the PSO has observed a 
North Atlantic right whale within 30 minutes of the transit start, the 
vessel shall hold for 30 minutes and again get a clearance to leave 
from the PSOs on board. PSOs shall assess whale activity and visual 
observation ability at the time of the transit request to clear the 
barge for release.
     Transit route, destination, sea conditions and any marine 
mammal sightings/mitigation actions during watch shall be recorded in 
the log book. Any whale sightings within 1,000 meters of the vessel 
shall result in a high alert and slow speed of 4 knots or less and a 
sighting within 750 meters shall result in idle speed and/or ceasing 
all movement.
     The material barges and tugs used in repair and 
maintenance shall transit from the operations dock to the work sites 
during daylight hours when possible provided the safety of the vessels 
is not compromised. Should transit at night be required, the maximum 
speed of the tug shall be 5 knots.
     All repair vessels must maintain a speed of 10 knots or 
less during daylight hours. All vessels shall operate at 5 knots or 
less at all times within 5 km of the repair area.
Acoustic Monitoring Related Activities
    Vessels associated with maintaining the AB network operating as 
part of the mitigation/monitoring protocols shall adhere to the 
following speed restrictions and marine mammal monitoring requirements.
    (1) In accordance with 50 CFR 224.103 (c), all vessels associated 
with NEG Port activities shall not approach closer than 500 yards (460 
meters) to a North Atlantic right whale.
    (2) All vessels shall obtain the latest DMA or right whale sighting 
information via the NAVTEX, MSR, SAS, NOAA Weather Radio, or other 
available means prior to operations.

Mitigation Conclusions

    NMFS has carefully evaluated these mitigation 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 expected to minimize 
adverse impacts to marine mammals.
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned.
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    (1) Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    (2) A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of pile driving and pile removal or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    (3) A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of pile driving, or other activities expected to result in the 
take of marine mammals (this goal may contribute to a, above, or to 
reducing the severity of harassment takes only).
    (4) Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    (5) For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of the measures that include vessel speed 
reduction, noise level related shutdown measures, and ramping up 
procedures, 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 Measures

    In order to issue an IHA 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 IHAs 
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 proposed 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 pile driving that we associate with 
specific adverse effects, such as behavioral harassment, TTS, or PTS;

[[Page 750]]

    (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:
    [ssquf] 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);
    [ssquf] 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);
    [ssquf] 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

(a) Vessel-Based Visual Monitoring
    Vessel-based monitoring for marine mammals shall be done by trained 
look-outs during NEG LNG Port and Pipeline Lateral operations and 
maintenance and repair activities. The observers shall monitor the 
occurrence of marine mammals near the vessels during LNG Port and 
Pipeline Lateral related activities. Lookout duties include watching 
for and identifying marine mammals; recording their numbers, distances, 
and reactions to the activities; and documenting ``take by 
harassment.'' The vessel look-outs assigned to visually monitor for the 
presence of marine mammals shall be provided with the following:
    (1) Recent NAVTEX, NOAA Weather Radio, SAS and/or acoustic 
monitoring buoy detection data;
    (2) Binoculars to support observations;
    (3) Marine mammal detection guide sheets; and
    (4) Sighting log.
(b) NEG LNG Port Operations
    All individuals onboard the EBRVs responsible for the navigation 
duties and any other personnel that could be assigned to monitor for 
marine mammals shall receive training on marine mammal sighting/
reporting and vessel strike avoidance measures.
    While an EBRV is navigating within the designated TSS, there shall 
be three people with look-out duties on or near the bridge of the ship 
including the Master, the Officer-of-the-Watch and the Helmsman-on-
watch. In addition to the standard watch procedures, while the EBRV is 
transiting within the designated TSS, maneuvering within the ATBA, and/
or while actively engaging in the use of thrusters, an additional look-
out shall be designated to exclusively and continuously monitor for 
marine mammals.
    All sightings of marine mammals by the designated look-out, 
individuals posted to navigational look-out duties, and/or any other 
crew member while the EBRV is transiting within the TSS, maneuvering 
within the ATBA and/or when actively engaging in the use of thrusters, 
shall be immediately reported to the Officer-of-the-Watch who shall 
then alert the Master. The Master or Officer-of-the-Watch shall ensure 
the required reporting procedures are followed and the designated 
marine mammal look-out records all pertinent information relevant to 
the sighting.
    Visual sightings made by look-outs from the EBRVs shall be recorded 
using a standard sighting log form. Estimated locations shall be 
reported for each individual and/or group of individuals categorized by 
species when known. This data shall be entered into a database and a 
summary of monthly sighting activity shall be provided to NMFS. 
Estimates of take and copies of these log sheets shall also be included 
in the reports to NMFS.
(c) Planned and Unplanned Maintenance and Repair
    Two qualified and NMFS-approved PSOs shall be assigned to each 
vessel that will use DP systems during maintenance and repair related 
activities. PSOs shall operate individually in designated shifts to 
accommodate adequate rest schedules. Additional PSOs shall be assigned 
to additional vessels if AB data indicates that sound levels exceed 120 
dB re 1 [micro]Pa, further then 100 meters (328 feet) from these 
vessels.
    All PSOs shall receive NMFS-approved marine mammal observer 
training and be approved in advance by NMFS after review of their 
resume. All PSOs shall have direct field experience on marine mammal 
vessels and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico.
    PSOs (one primary and one secondary) shall be responsible for 
visually locating marine mammals at the ocean's surface and, to the 
extent possible, identifying the species. The primary PSO shall act as 
the identification specialist and the secondary PSO will serve as data 
recorder and also assist with identification. Both PSOs shall have 
responsibility for monitoring for the presence of marine mammals and 
sea turtles. Specifically PSO's shall:
    (1) Monitor at all hours of the day, scanning the ocean surface by 
eye for a minimum of 40 minutes every hour.
    (2) Monitor the area where maintenance and repair work is conducted 
beginning at daybreak using 25x power binoculars and/or hand-held 
binoculars. Night vision devices must be provided as standard equipment 
for monitoring during low-light hours and at night.
    (3) Conduct general 360[deg] visual monitoring during any given 
watch period and target scanning by the observer shall occur when 
alerted of a whale presence.
    (4) Alert the vessel superintendent or construction crew supervisor 
of visual detections within 2 miles (3.31 kilometers) immediately.
    (5) Record all sightings on marine mammal field sighting logs. 
Specifically, all data shall be entered at the time of observation, 
notes of activities will be kept, and a daily report prepared and 
attached to the daily field sighting log form. The basic reporting 
requirements include the following:
     Beaufort sea state;
     Wind speed;
     Wind direction;
     Temperature;
     Precipitation;
     Glare;
     Percent cloud cover;
     Number of animals;
     Species;
     Position;
     Distance;
     Behavior;
     Direction of movement; and
     Apparent reaction to construction activity.
    In the event that a whale is visually observed within the 2-mile 
(3.31 kilometers) zone of influence (ZOI) of a DP vessel or other 
construction vessel that has shown to emit noise with source level in 
excess of 139 dB re 1 [micro]Pa @ 1 m, the PSO will notify the repair/
maintenance construction crew to minimize the use of thrusters until 
the animal has moved away, unless there are divers in the water or an 
ROV is deployed.
(d) Acoustic Monitoring
    Northeast Gateway shall deploy 10 ABs within the Separation Zone of 
the TSS for the operational life of the Project. The ABs shall be used 
to detect

[[Page 751]]

a calling North Atlantic right whale an average of 5 nm from each AB. 
The AB system shall be the primary detection mechanism that alerts the 
EBRV Master to the occurrence of right whales, heightens EBRV 
awareness, and triggers necessary mitigation actions as described 
above. Northeast Gateway shall conduct short-term passive acoustic 
monitoring to document sound levels during:
    (1) The initial operational events in the 2015-2016 winter heating 
season;
    (2) Regular deliveries outside the winter heating season should 
such deliveries occur; and
    (3) Scheduled and unscheduled maintenance and repair activities.
    Northeast Gateway shall conduct long-term monitoring of the noise 
environment in Massachusetts Bay in the vicinity of the NEG Port and 
Pipeline Lateral using marine autonomous recording units (MARUs) when 
there is anticipated to be more than 5 LNG shipments in a 30-day period 
or over 20 shipments in a six-month period.
    The acoustic data collected shall be analyzed to document the 
seasonal occurrences and overall distributions of whales (primarily 
fin, humpback and right whales) within approximately 10 nm of the NEG 
Port and shall measure and document the noise ``budget'' of 
Massachusetts Bay so as to eventually assist in determining whether or 
not an overall increase in noise in the Bay associated with the Project 
might be having a potentially negative impact on marine mammals.
    Northeast Gateway shall make all acoustic data, including data 
previously collected by the MARUs during prior construction, 
operations, and maintenance and repair activities, available to NOAA. 
Data storage will be the responsibility of NOAA.
(e) Acoustic Whale Detection and Response Plan

NEG Port Operations

    (1) Ten ABs that have been deployed since 2007 shall be used to 
continuously screen the low-frequency acoustic environment (less than 
1,000 Hertz) for right whale contact calls occurring within an 
approximately 5-nm radius from each buoy (the AB's detection range).
    (2) Once a confirmed detection is made, the Master of any EBRVs 
operating in the area will be alerted immediately.
NEG Port and Pipeline Lateral Planned and Unplanned/Emergency Repair 
and Maintenance Activities
    (1) If the repair/maintenance work is located outside of the 
detectible range of the 10 project area ABs, Northeast Gateway and 
Algonquin shall consult with NOAA (NMFS and SBNMS) to determine if the 
work to be conducted warrants the temporary installation of an 
additional AB(s) to help detect and provide early warnings for 
potential occurrence of right whales in the vicinity of the repair 
area.
    (2) The number of ABs installed around the activity site shall be 
commensurate with the type and spatial extent of maintenance/repair 
work required, but must be sufficient to detect vocalizing right whales 
within the 120-dB impact zone.
    (3) Should acoustic monitoring be deemed necessary during a planned 
or unplanned/emergency repair and/or maintenance event, active 
monitoring for right whale calls shall begin 24 hours prior to the 
start of activities.
    (4) Source level data from the acoustic recording units deployed in 
the NEG Port and/or Pipeline Lateral maintenance and repair area shall 
be provided to NMFS.

Reporting Measures

    (a) Throughout NEG Port and Pipeline Lateral operations, Northeast 
Gateway and Algonquin shall provide a monthly Monitoring Report. The 
Monitoring Report shall include:
     Both copies of the raw visual EBRV lookout sighting 
information of marine mammals that occurred within 2 miles of the EBRV 
while the vessel transits within the TSS, maneuvers within the ATBA, 
and/or when actively engaging in the use of thrusters, and a summary of 
the data collected by the look-outs over each reporting period.
     Copies of the raw PSO sightings information on marine 
mammals gathered during pipeline repair or maintenance activities. This 
visual sighting data shall then be correlated to periods of thruster 
activity to provide estimates of marine mammal takes (per species/
species class) that took place during each reporting period.
     Conclusion of any planned or unplanned/emergency repair 
and/or maintenance period, a report shall be submitted to NMFS 
summarizing the repair/maintenance activities, marine mammal sightings 
(both visual and acoustic), empirical source-level measurements taken 
during the repair work, and any mitigation measures taken.
    (b) During the maintenance and repair of NEG Port and Pipeline 
Lateral components, weekly status reports shall be provided to NOAA 
(both NMFS and SBNMS) using standardized reporting forms. The weekly 
reports shall include data collected for each distinct marine mammal 
species observed in the repair/maintenance area during the period that 
maintenance and repair activities were taking place. The weekly reports 
shall include the following information:
     Location (in longitude and latitude coordinates), time, 
and the nature of the maintenance and repair activities;
     Indication of whether a DP system was operated, and if so, 
the number of thrusters being used and the time and duration of DP 
operation;
     Marine mammals observed in the area (number, species, age 
group, and initial behavior);
     The distance of observed marine mammals from the 
maintenance and repair activities;
     Changes, if any, in marine mammal behaviors during the 
observation;
     A description of any mitigation measures (power-down, 
shutdown, etc.) implemented;
     Weather condition (Beaufort sea state, wind speed, wind 
direction, ambient temperature, precipitation, and percent cloud cover 
etc.);
     Condition of the observation (visibility and glare); and
     Details of passive acoustic detections and any action 
taken in response to those detections.
    (c) Injured/Dead Protected Species Reporting
    In the unanticipated event that survey operations clearly cause the 
take of a marine mammal in a manner prohibited by the proposed IHA, 
such as an injury (Level A harassment), serious injury or mortality 
(e.g., ship-strike, gear interaction, and/or entanglement), NEG and/or 
Algonquin shall immediately cease activities and immediately report the 
incident to the Supervisor of the Incidental Take Program, Permits and 
Conservation Division, Office of Protected Resources, NMFS and the 
Northeast Regional Stranding Coordinators. The report must include the 
following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     The name and type of vessel involved;
     The 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);

[[Page 752]]

     Description of marine mammal observations in the 24 hours 
preceding the incident;
     Species identification or description of the animal(s) 
involved;
     The fate of the animal(s); and
     Photographs or video footage of the animal (if equipment 
is available).
    Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with NEG and/or 
Algonquin to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act (MMPA) 
compliance. NEG and/or Algonquin may not resume their activities until 
notified by NMFS via letter, email, or telephone.
    In the event that NEG and/or Algonquin discovers an injured or dead 
marine mammal, and the lead PSO 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 as described in the next 
paragraph), NEG and/or Algonquin will immediately (i.e., within 24 
hours of the discovery) report the incident to the Supervisor of the 
Incidental Take Program, Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the NMFS Northeast Stranding 
Coordinators. The report must include the same information identified 
above. Activities may continue while NMFS reviews the circumstances of 
the incident. NMFS will work with NEG and/or Algonquin to determine 
whether modifications in the activities are appropriate.
    In the event that NEG or Algonquin discovers an injured or dead 
marine mammal, and the lead PSO determines that the injury or death is 
not associated with or related to the activities authorized (if the IHA 
is issued) (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), NEG and/or Algonquin 
shall report the incident to the Supervisor of the Incidental Take 
Program, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the NMFS Northeast Stranding Coordinators, within 
24 hours of the discovery. NEG and/or Algonquin shall provide 
photographs or video footage (if available) or other documentation of 
the stranded animal sighting to NMFS and the Marine Mammal Stranding 
Network. NEG and/or Algonquin can continue its operations under such a 
case.

Marine Mammal Monitoring Report From Previous IHA

    Prior marine mammal monitoring during NEG's LNG Port and Algonquin 
Pipeline Lateral operation, maintenance and repair activities and 
monthly marine mammal observation memorandums (NEG 2010; 2015) indicate 
that only a small number of marine mammals were observed during these 
activities. Only one LNG Port operation occurred within the dates of 
the previous IHA (December 22, 2014 through December 21, 2015) and no 
marine mammal was observed during the LNG Port operation period on 
December 31, 2014. No other NEG Port and Pipeline Lateral related 
activity occurred during this period.

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]. Only take by Level B harassment is 
anticipated as a result of NEG's operation and maintenance and repair 
activities. Anticipated take of marine mammals is associated with 
operation of dynamic positioning during the docking of the LNG vessels 
and positioning of maintenance and dive vessels, and by operations of 
certain machinery during maintenance and repair activities. The 
regasification process itself is an activity that does not rise to the 
level of taking, as the modeled source level for this activity is 108 
dB. Certain species may have a behavioral reaction to the sound emitted 
during the activities. Hearing impairment is not anticipated. 
Additionally, vessel strikes are not anticipated, especially because of 
the speed restriction measures that are proposed that were described 
earlier in this document.
    The full suite of potential impacts to marine mammals from the 
types of stressors associated with the specified activity was described 
in detail in the ``Potential Effects of the Specified Activity on 
Marine Mammals'' section found earlier in this document. The potential 
effects of sound from the proposed NEG and Algonquin LNG Port and 
Pipeline Lateral operations, maintenance and repair activities might 
include one or more of the following: Masking of natural sounds and 
behavioral disturbance (Richardson et al. 1995). The most common impact 
will likely be from behavioral disturbance, including avoidance of the 
ensonified area or changes in speed, direction, and/or diving profile 
of the animal. As discussed previously in this document, hearing 
impairment (TTS and PTS) is highly unlikely to occur based on low noise 
source levels from the proposed activities that would preclude marine 
mammals from being exposed to noise levels high enough to cause hearing 
impairment.
    For non-pulse sounds, such as those produced by operating dynamic 
positioning (DP) thruster during vessel docking and supporting 
underwater construction and repair activities and the operations of 
various machineries that produces non-pulse noises, NMFS uses the 120 
dB (rms) re 1 [mu]Pa isopleth to indicate the onset of Level B 
harassment.

NEG Port and Algonquin Pipeline Lateral Activities Acoustic Footprints

I. NEG Port Operations
    For the purposes of understanding the noise footprint of operations 
at the NEG Port, measurements taken to capture operational noise 
(docking, undocking, regasification, and EBRV thruster use) during the 
2006 Gulf of Mexico field event were taken at the source. Measurements 
taken during EBRV transit were normalized to a distance of 328 feet 
(100 meters) to serve as a basis for modeling sound propagation at the 
NEG Port site in Massachusetts Bay.
    Sound propagation calculations for operational activities were then 
completed at two positions in Massachusetts Bay to determine site-
specific distances to the 120/160/180 dB isopleths:
     Operations Position 1--Port (EBRV Operations): 
70[deg]36.261' W. and 42[deg]23.790' N.
     Operations Position 2--Boston TSS (EBRV Transit): 
70[deg]17.621' W. and 42[deg]17.539' N.
    At each of these locations sound propagation calculations were 
performed to determine the noise footprint of the operation activity at 
each of the specified locations. Updated acoustic modeling was 
completed using Tetra Tech's underwater sound propagation program which 
utilizes a version of the publicly available Range Dependent Acoustic 
Model (RAM). Based on the U.S. Navy's Standard Split-Step Fourier 
Parabolic Equation, this modeling methodology considers

[[Page 753]]

range and depth along with a geo-referenced dataset to automatically 
retrieve the time of year information, bathymetry, and seafloor 
geoacoustic properties along the given propagation transects radiating 
from the sound source. The calculation methodology assumes that 
outgoing energy dominates over scattered energy, and computes the 
solution for the outgoing wave equation. An approximation is used to 
provide two-dimensional transmission loss values in range and depth, 
i.e., computation of the transmission loss as a function of range and 
depth within a given radial plane is carried out independently of 
neighboring radials, reflecting the assumption that sound propagation 
is predominantly away from the source. Transects were run along compass 
points at angular directions ranging from 0 to 360[deg] in 5 degree 
increments. The received underwater sound levels at any location within 
the region of interest are computed from the \1/3\-octave band source 
levels by subtracting the numerically modelled transmission loss at 
each \1/3\-octave band center frequency and summing across all 
frequencies to obtain a broadband value. The resultant underwater sound 
pressure levels to the 120 dB isopleth is presented in Table 2.

 Table 2--Radii of 120-dB SPL Isopleths From NEG and Algonquin LNG Port
   and Pipeline Lateral Operations, Maintenance, and Repair Activities
------------------------------------------------------------------------
                                                              120-dB
               Activities                 Radius to  120-   ensonified
                                           dB zone  (m)    area (km\2\)
------------------------------------------------------------------------
One EBRV docking procedure with support            4,250            56.8
 vessel.................................
Barge/tug (pulling & pushing)/                     3,500            40.7
 construction vessel/barge @mid-pipeline
------------------------------------------------------------------------

II. NEG Port Maintenance and Repair
    Modeling analysis conducted for the construction of the NEG Port 
concluded that the only underwater noise of critical concern during NEG 
Port construction would be from vessel noises such as turning screws, 
engine noise, noise of operating machinery, and thruster use. To 
confirm these modeled results and better understand the noise footprint 
associated with construction activities at the NEG Port, field 
measurements were taken of various construction activities during the 
2007 NEG Port and Algonquin Pipeline Lateral Construction period. 
Measurements were taken and normalized as described to establish the 
``loudest'' potential construction measurement event. One position 
within Massachusetts Bay was then used to determine site-specific 
distances to the 120/180 dB isopleths for NEG Port maintenance and 
repair activities:
     Construction Position 1. Port: 70[deg]36.261' W. and 
42[deg]23.790' N.
    Sound propagation calculations were performed to determine the 
noise footprint of the construction activity. The results showed that 
the estimated distance from the loudest source involved in construction 
activities fell to 120 dB re 1 [micro]Pa at a distance of 3,500 m.
III. Algonquin Pipeline Lateral Operation and Maintenance Activities
    Modeling analysis conducted during the NEG Port and Pipeline 
Lateral construction concluded that the only underwater noise of 
critical concern during such activities would be from vessel noises 
such as turning screws, engine noise, noise of operating machinery, and 
thruster use. As with construction noise at the NEG Port, to confirm 
modeled results and better understand the noise footprint associated 
with construction activities along the Algonquin Pipeline Lateral, 
field measurements were taken of various construction activities during 
the 2007 NEG Port and Algonquin Pipeline Lateral construction period. 
Measurements were taken and normalized to establish the ``loudest'' 
potential construction measurement event. Two positions within 
Massachusetts Bay were then used to determine site-specific distances 
to the 120/160/180 dB isopleths:
     Construction Position 2. PLEM: 70[deg]46.755' W. and 
42[deg]28.764' N.
     Construction Position 3. Mid-Pipeline: 70[deg]40.842' W. 
and 42[deg]31.328' N.
    Sound propagation calculations were performed to determine the 
noise footprint of the construction activity. The results of the 
distances to the 120-dB are shown in Table 2.
    The basis for Northeast Gateway and Algonquin's ``take'' estimate 
is the number of marine mammals that would be exposed to sound levels 
in excess of 120 dB, which is the threshold used by NMFS for non-pulse 
sounds. For the NEG LNG Port and Algonquin Pipeline Lateral operations 
and maintenance and repair activities, the take estimates are 
determined by multiplying the 120-dB ensonified area by local marine 
mammal density estimates, and then multiplying by the estimated dates 
such activities would occur during a year-long period. For the NEG Port 
operations, the 120-dB ensonified area is 56.8 km\2\ for a single visit 
during docking when running DP system. Although two EBRV docking with 
simultaneous DP system running was modeled, this situation would not 
occur in reality. For NEG Port and Algonquin Pipeline Lateral 
maintenance and repair activities, modeling based on the empirical 
measurements showed that the distance of the 120-dB radius is expected 
to be 3.5 km, making a maximum 120-dB ZOI of approximately 40.7 km\2\.
    Since the issuance of an IHA to NEG on December 19, 2014, there was 
only one LNG delivery at the NEG Port which occurred on December 31, 
2014. NEG expects that when the Port is under full operation, it will 
receive up to 65 LNG shipments per year, and would require 14 days for 
NEG Port maintenance and up to 40 days for planned and unplanned 
Algonquin Pipeline Lateral maintenance and repair.

Marine Mammal Take Estimates

    NMFS recognizes that baleen whale species other than North Atlantic 
right whales have been sighted in the project area from May to 
November. However, the occurrence and abundance of fin, humpback, and 
minke whales is not well documented within the project area. 
Nonetheless, NMFS uses the data on cetacean distribution within 
Massachusetts Bay, such as those published by the National Centers for 
Coastal Ocean Science (NCCOS 2006), to estimate potential takes of 
marine mammals species in the vicinity of project area.
    The NCCOS study used cetacean sightings from two sources: (1) The 
North Atlantic Right Whale Consortium (NARWC) sightings database held 
at the University of Rhode Island (Kenney, 2001); and (2) the Manomet 
Bird Observatory (MBO) database, held at NMFS Northeast Fisheries 
Science

[[Page 754]]

Center (NEFSC). The NARWC data contained survey efforts and sightings 
data from ship and aerial surveys and opportunistic sources between 
1970 and 2005. The main data contributors included: Cetacean and 
Turtles Assessment Program (CETAP), Canadian Department of Fisheries 
and Oceans, PCCS, International Fund for Animal Welfare, NOAA's NEFSC, 
New England Aquarium, Woods Hole Oceanographic Institution, and the 
University of Rhode Island. A total of 653,725 km (406,293 mi) of 
survey track and 34,589 cetacean observations were provisionally 
selected for the NCCOS study in order to minimize bias from uneven 
allocation of survey effort in both time and space. The sightings-per-
unit-effort (SPUE) was calculated for all cetacean species by month 
covering the southern Gulf of Maine study area, which also includes the 
project area (NCCOS, 2006).
    The MBO's Cetacean and Seabird Assessment Program (CSAP) was 
contracted from 1980 to 1988 by NMFS NEFSC to provide an assessment of 
the relative abundance and distribution of cetaceans, seabirds, and 
marine turtles in the shelf waters of the northeastern United States 
(MBO, 1987). The CSAP program was designed to be completely compatible 
with NMFS NEFSC databases so that marine mammal data could be compared 
directly with fisheries data throughout the time series during which 
both types of information were gathered. A total of 5,210 km (8,383 mi) 
of survey distance and 636 cetacean observations from the MBO data were 
included in the NCCOS analysis. Combined valid survey effort for the 
NCCOS studies included 567,955 km (913,840 mi) of survey track for 
small cetaceans (dolphins and porpoises) and 658,935 km (1,060,226 mi) 
for large cetaceans (whales) in the southern Gulf of Maine. The NCCOS 
study then combined these two data sets by extracting cetacean sighting 
records, updating database field names to match the NARWC database, 
creating geometry to represent survey tracklines and applying a set of 
data selection criteria designed to minimize uncertainty and bias in 
the data used.
    Owing to the comprehensiveness and total coverage of the NCCOS 
cetacean distribution and abundance study, NMFS calculated the 
estimated take number of marine mammals based on the most recent NCCOS 
report published in December 2006. A summary of seasonal cetacean 
distribution and abundance in the project area was provided in the 2013 
Federal Register notice for the proposed IHA (78 FR 69049; November 18, 
2013). For a detailed description and calculation of the cetacean 
abundance data and SPUE, please refer to the NCCOS study (NCCOS, 2006). 
These data show that the relative abundance of North Atlantic right, 
fin, humpback, minke, sei, and pilot whales, and Atlantic white-sided 
dolphins for all seasons, as calculated by SPUE in number of animals 
per kilometer, is 0.0082, 0.0097, 0.0118, 0.0059, 0.0084, 0.0407, and 
0.1314 n/km, respectively.
    In calculating the area density of these species from these linear 
density data, NMFS used 0.5 mi (0.825 km) as the hypothetical strip 
width (W). This strip width is based on the distance of visibility used 
in the NARWC data that was part of the NCCOS (2006) study. However, 
those surveys used a strip transect instead of a line transect 
methodology. Therefore, in order to obtain a strip width, one must 
divide the visibility or transect value in half. A 0.825 km 
hypothetical strip width was chosen for density calculation, which 
roughly equals to 0.5 mi as half the distance of the radius for visual 
monitoring. The hypothetical strip width used in the analysis is less 
than half of that derived from the NARWC data. Therefore, the analysis 
provided here is more protective in calculating marine mammal densities 
in the area. Based on this information, the area density (D) of these 
species in the project area can be obtained by the following formula:

D = SPUE/2W

    where D is marine mammal density in the area, and W is the strip 
width. For example, the take calculation for the North Atlantic 
right whale is:
0.0082/(2*0.825)*(65*56.8+14*40.7+40*40.7) = 29.

    Based on this calculation method, the estimated take numbers per 
year for North Atlantic right, fin, humpback, sei, minke, and pilot 
whales, and Atlantic white-sided dolphins by the NEG Port facility 
operations (maximum 65 visits per year), NEG Port maintenance and 
repair (up to 14 days per year), and Algonquin Pipeline Lateral 
operation and maintenance (up to 40 days per year), are 29, 35, 42, 30, 
21, 145, and 469, respectively (Table 3). Since it is very likely that 
individual animals could be ``taken'' by harassment multiple times, 
these percentages are the upper boundary of the animal population that 
could be affected. The actual number of individual animals being 
exposed or taken would likely be far less. There is no danger of 
injury, death, or hearing impairment from the exposure to these noise 
levels.

  Table 3--Estimated Annual Takes of Marine Mammals From the NEG Port and Algonquin Pipeline Lateral Operations
                           and Maintenance and Repair Activities in Massachusetts Bay
----------------------------------------------------------------------------------------------------------------
                                                                         Number of
               Species                        Population/stock             takes             % population
----------------------------------------------------------------------------------------------------------------
Right whale..........................  Western Atlantic.............              29  6.29.
Fin whale............................  Western North Atlantic.......              35  2.14.
Humpback whale.......................  Gulf of Maine................              42  5.12.
Sei whale............................  Nova Scotia..................              30  8.40.
Minke whale..........................  Canadian East Coast..........              21  0.10.
Long-finned pilot whale..............  Western North Atlantic.......             145  0.67.
Atlantic white-sided dolphin.........  Western North Atlantic.......             469  0.96.
Bottlenose dolphin...................  Western North Atlantic                     20  0.17.
                                        Southern Migratory.
Short-beaked common dolphin..........  Western North Atlantic.......              40  0.02.
Risso's dolphin......................  Western North Atlantic.......              40  0.22.
Killer whale.........................  Western North Atlantic.......              10  Unknown.*
Harbor porpoise......................  Gulf of Maine/Bay of Fundy...              20  0.03.
Harbor seal..........................  Western North Atlantic.......              60  0.08.
Gray seal............................  Western North Atlantic.......              30  Unknown.*
----------------------------------------------------------------------------------------------------------------
* Killer whale and gray seal abundance information is not available.


[[Page 755]]

    In addition, bottlenose dolphins, common dolphins, killer whales, 
Risso's dolphins, harbor porpoises, harbor seals, and gray seals could 
also be taken by Level B harassment as a result of deepwater NEG Port 
and Algonquin Pipeline Lateral operations and maintenance and repair. 
Since these species are less likely to occur in the area, and there are 
no density estimates specific to this particular area, NMFS based their 
sighting occurrence in the vicinity of the project area (SBNMS 2015). 
Therefore, NMFS estimates that up to approximately 20 bottlenose 
dolphins, 40 short-beaked common dolphins, 40 Risso's dolphins, 10 
killer whales, 20 harbor porpoises, 60 harbor seals, and 30 gray seals 
could be exposed to continuous noise at or above 120 dB re 1 [micro]Pa 
rms incidental to operations during the one year period of the IHA, 
respectively. Since no population/stock estimates for killer whale and 
gray seal is available, the percentage of estimated takes for these 
species is unknown. Nevertheless, since Massachusetts Bay represents 
only a small fraction of the western North Atlantic basin where these 
animals occur, NMFS considers that the takes of 10 killer whales and 30 
gray seals represent a small fraction of the population and stocks of 
these species (Table 3).

Analysis and 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, effects on habitat, and the status 
of the species.
    To avoid repetition, this discussion of our analysis applies to all 
the species and stocks listed in Table 3, given that the anticipated 
effects of NE Gateway LNG Port and Algonquin Pipeline Lateral 
operations, maintenance, and repair activities on marine mammals 
(taking into account the proposed mitigation) are expected to be 
relatively similar in nature. Where there are meaningful differences 
between species or stocks, or groups of species, in anticipated 
individual responses to activities, impact of expected take on the 
population due to differences in population status, or impacts on 
habitat, they are discussed below.
    No injuries or mortalities are anticipated to occur as a result of 
NE Gateway and Algonquin's proposed Port and Pipeline Lateral 
operations, maintenance, and repair activities, and none are 
authorized. Additionally, animals in the area are not expected to incur 
hearing impairment (i.e., TTS or PTS) or non-auditory physiological 
effects. The takes that are anticipated and authorized are expected to 
be limited to short-term Level B behavioral harassment. Effects on 
marine mammals are generally expected to be restricted to avoidance of 
a limited area around NEG's proposed activities and short-term changes 
in behavior, falling within the MMPA definition of ``Level B 
harassment.'' Mitigation measures, such as controlled vessel speed, 
dedicated marine mammal observers, and passive acoustic monitoring, 
will ensure that takes are within the level being analyzed. In all 
cases, the effects are expected to be short-term, with no lasting 
biological consequence.
    The area of the NEG and Algonquin's specified activities is a 
biologically important area (BIA) for feeding for the North Atlantic 
right whale in February to April, humpback whale in March to December, 
fin whale year-round, and minke whale in March to November (LaBrecque 
et al. 2015). The area is not a BIA for the other species. Although 
prior monitoring reports show that most of the LNG deliveries occur 
during late fall through the winter months between late November and 
January--and therefore, the actual impacts to the affected species from 
the NE Gateway's proposed operations would likely be much less than 
what this IHA covers-- under full operational levels the Port will 
receive up to 65 LNG shipments per year, and would require 14 days for 
NEG Port maintenance and up to 40 days for planned and unplanned 
Algonquin Pipeline Lateral maintenance and repair, with LNG delivery 
throughout the year. Nevertheless, the maximum level of operations of 
the LNG Port during any given year represents a brief interruption of 
these marine mammal species within their BIAs in the Massachusetts Bay 
area. This is because the noise producing activities such as dynamic 
positioning engagement during docking is brief (30 minutes). In 
addition, the maintenance and repair activities produce less intense 
noises and would have much smaller ensonified zones in comparison to 
LNG vessel docking using dynamic thrusters. Furthermore, all these 
noise producing events are expected to be spaced farther apart with no 
overlapping, thus reducing the potential impacts to marine mammals 
within their BIAs. 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 proposed 
monitoring and mitigation measures, NMFS finds that the total marine 
mammal take from NEG and Algonquin's proposed LNG Port and Pipeline 
Lateral operation, maintenance, and repair activities in Massachusetts 
Bay are not expected to have adversely affect the affected species or 
stocks through impacts on annual rates of recruitment or survival, and 
therefore will have a negligible impact on the affected marine mammal 
species or stocks.

Small Numbers

    NMFS finds that small numbers of marine mammals will be taken 
relative to the populations of the affected species or stocks. The 
requested takes represent less than 8.4% of all populations or stocks 
for which NMFS was able to quantify the estimated percentage, and we 
have determined that a small fraction of affected killer whales and 
grey seal populations will be taken based on our qualitative 
assessments (see Marine Mammal Take Estimates above and Table 3 in this 
document). These take estimates represent the percentage of each 
species or stock that could be taken by Level B behavioral harassment. 
The numbers of marine mammals estimated to be taken are small 
proportions of the total populations of the affected species or stocks. 
In addition, the mitigation and monitoring measures (described 
previously in this document) prescribed in the IHA are expected to 
reduce even further any potential disturbance to marine mammals.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no subsistence uses of marine mammals in the proposed 
project area; and, thus, no subsistence uses impacted by this action. 
Therefore, NMFS has determined that the total taking of affected 
species or stocks

[[Page 756]]

would not have an unmitigable adverse impact on the availability of 
such species or stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Our November 18, 2013, Federal Register notice of the proposed IHA 
described the history and status of Endangered Species Act (ESA) 
compliance for the NE Gateway LNG facility (78 FR 69049). As explained 
in that notice, the biological opinions for construction and operation 
of the facility only analyzed impacts on ESA-listed species from 
activities under the initial construction period and during operations, 
and did not take into consideration potential impacts to marine mammals 
that could result from the subsequent LNG Port and Pipeline Lateral 
maintenance and repair activities. In addition, NEG also revealed that 
significantly more water usage and vessel operating air emissions are 
needed from what was originally evaluated for the LNG Port operation. 
NMFS Office of Protected Resources, Permits and Conservation Division, 
(PR1) initiated consultation with NMFS Greater Atlantic Region 
Fisheries Office under section 7 of the ESA on the proposed issuance of 
an IHA to NEG under section 101(a)(5)(D) of the MMPA for the proposed 
activities that include increased NEG Port and Algonquin Pipeline 
Lateral maintenance and repair and water usage for the LNG Port 
operations this activity. A Biological Opinion was issued on November 
21, 2014, and concluded that the proposed action may adversely affect 
but is not likely to jeopardize the continued existence of ESA-listed 
right, humpback, fin, and sei whales.
    NMFS' PR1 has determined that the activities described in here are 
the same as those analyzed in the November 21, 2014, Biological 
Opinion. Therefore, a new consultation is not required for issuance of 
this IHA.

National Environmental Policy Act

    MARAD and the USCG released a Final EIS/Environmental Impact Report 
(EIR) for the proposed Northeast Gateway Port and Pipeline Lateral. 
NMFS was a cooperating agency (as defined by the Council on 
Environmental Quality (40 CFR 1501.6)) in the preparation of the Draft 
and Final EISs. NMFS reviewed the Final EIS and adopted it on May 4, 
2007. NMFS issued a separate Record of Decision for issuance of 
authorizations pursuant to section 101(a)(5) of the MMPA for the 
construction and operation of the Northeast Gateway's LNG Port Facility 
in Massachusetts Bay.
    We have reviewed the NEG's application for a renewed IHA for 
ongoing activities for 2015-16 and the 2014-15 monitoring report. Based 
on that review, we have determined that the proposed action is very 
similar to that considered in the previous IHA. In addition, no 
significant new circumstances or information relevant to environmental 
concerns have been identified. Thus, we have determined that the 
preparation of a new or supplemental NEPA document is not necessary.

Authorization

    NMFS has issued an IHA to Northeast Gateway and Algonquin for 
conducting LNG Port facility and Pipeline Lateral operations and 
maintenance and repair activities in Massachusetts Bay, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: January 4, 2016.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-00031 Filed 1-6-16; 8:45 am]
 BILLING CODE 3510-22-P