[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Notices]
[Pages 22250-22277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09706]



[[Page 22249]]

Vol. 82

Friday,

No. 91

May 12, 2017

Part III





Department of Commerce





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National Oceanic and Atmospheric Administration





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Takes of Marine Mammals Incidental to Specified Activities; Taking 
Marine Mammals Incidental to Site Characterization Surveys Off the 
Coast of New York; Notice

  Federal Register / Vol. 82 , No. 91 / Friday, May 12, 2017 / 
Notices  

[[Page 22250]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF119


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Site Characterization Surveys Off 
the Coast of New York

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

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

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SUMMARY: NMFS has received an application from Deepwater Wind, LLC, 
(DWW) for an Incidental Harassment Authorization (IHA) to take marine 
mammals, by harassment, incidental to high-resolution geophysical (HRG) 
and geotechnical survey investigations associated with marine site 
characterization activities off the coast of New York in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0486) (Lease Area) 
and along potential submarine cable routes to a landfall location in 
Easthampton, New York (``Submarine Cable Corridor'') (collectively the 
Lease Area and Submarine Cable Corridor are the Project Area). Pursuant 
to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments 
on its proposal to issue an IHA to DWW to incidentally take marine 
mammals during the specified activities.

DATES: Comments and information must be received no later than June 12, 
2017.

ADDRESSES: Comments on DWW's IHA application should be addressed to 
Jolie Harrison, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. The mailbox address for providing 
email comments is [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm without 
change. All personal identifying information (e.g., name, address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information.

FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained by visiting the Internet at: 
www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. In case of 
problems accessing these documents, please call the contact listed 
above.

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 by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical area, the incidental, but not 
intentional, taking of small numbers of marine mammals provided that 
certain findings are made and the necessary prescriptions are 
established.
    The incidental taking of small numbers of marine mammals shall be 
allowed if NMFS (through authority delegated by the Secretary) finds 
that the total taking by the specified activity during the specified 
time period will (i) have a negligible impact on the species or 
stock(s) and (ii) not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). Further, the permissible methods of taking, as well as the 
other means of effecting the least practicable adverse impact on the 
species or stock and its habitat (i.e., mitigation) must be prescribed. 
Last, requirements pertaining to the monitoring and reporting of such 
taking must be set forth.
    Where there is the potential for serious injury or death, the 
allowance of incidental taking requires promulgation of regulations 
under section 101(a)(5)(A). Subsequently, a Letter (or Letters) of 
Authorization may be issued as governed by the prescriptions 
established in such regulations, provided that the level of taking will 
be consistent with the findings made for the total taking allowable 
under the specific regulations. Under section 101(a)(5)(D), NMFS may 
authorize incidental taking by harassment only (i.e., no serious injury 
or mortality), for periods of not more than one year, pursuant to 
requirements and conditions contained within an Incidental Harassment 
Authorization (IHA). The promulgation of regulations or issuance of 
IHAs (with their associated mitigation, monitoring, and reporting) 
requires notice and opportunity for public comment.
    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, we adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    Except with respect to certain activities not pertinent here, 
section 3(18) of 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 December 1, 2016, NMFS received an application from DWW for the 
taking of marine mammals incidental to Spring 2017 geophysical survey 
investigations in the area of the Commercial Lease of Submerged Lands 
for Renewable Energy Development on the Outer Continental Shelf (OCS) 
lease area #OCS-A-0486 Lease Area and along potential submarine cable 
routes to a landfall location in Easthampton, New York (Project Area) 
designated and offered by the U.S. Bureau of Ocean Energy Management 
(BOEM), to support the development of an offshore wind project. DWW's 
request was for harassment only, and NMFS concurs that mortality is not 
expected to result from this activity, and an IHA is appropriate. NMFS 
determined that the application was adequate and complete on April 27, 
2017.
    The proposed geophysical survey activities would occur for 168 days 
beginning in June 2017, and geotechnical survey activities would take 
place in June 2017 and last for approximately 75 days. The following 
specific aspects of the proposed activities are likely to result in the 
take of marine mammals: Shallow and medium-penetration sub-bottom 
profiler (chirper, boomer, and sparker) used

[[Page 22251]]

during the HRG survey, and vibracore and dynamically-positioned (DP) 
vessel thruster used in support of geotechnical survey activities. 
Take, by Level B Harassment only of individuals of 18 species of marine 
mammals and take by Level A harassment of 3 species is anticipated to 
result from the specified activities. No serious injury or mortality is 
expected from DWW's HRG and geotechnical surveys.

Description of the Specified Activity

Overview

    DWW proposes to conduct a geophysical and geotechnical survey in 
the Project Area to support the characterization of the existing seabed 
and subsurface geological conditions in the Project Area. Surveys will 
include the use of the following equipment: Multi-beam depth sounder, 
side-scan sonar, sub-bottom profiler, vibracores, and cone penetration 
tests (CPTs).

Dates and Duration

    HRG surveys are anticipated to commence in June 2017 and will last 
for approximately 168 days, including estimated weather down time. 
Geotechnical surveys requiring the use of the DP drill ship will take 
place in June 2017, at the earliest, and will last for approximately 75 
days excluding weather downtime. Equipment is expected run continuously 
for 24 hours per day.

Specified Geographic Region

    DWW's survey activities will occur in the approximately 97,498-acre 
Lease Area designated and offered by BOEM. The Lease Area falls within 
the Rhode Island Massachusetts Wind Energy Area (RI-MA WEA; Figure 1 of 
the IHA application) with water depths ranging from 31-45 meters (m) 
(102-148 feet (ft)).

Detailed Description of the Specified Activities

High-Resolution Geophysical (HRG) Survey Activities
    Marine site characterization surveys will include the following HRG 
survey activities:
     Depth sounding (multibeam depth sounder) to determine 
water depths and general bottom topography;
     Seafloor imaging (sidescan sonar survey) to classify 
seabed sediment, and to identify natural (e.g. hard bottom substrate) 
and man-made acoustic targets (e.g. archeological or cultural objects) 
resting on the bottom as well as any anomalous natural seafloor 
features;
     Shallow penetration sub-bottom profiler (chirp) to map the 
near surface stratigraphy (top 0-5 meter (m) soils below seabed);
     Medium penetration sub-bottom profiler (boomer) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed;
     Medium penetration sub-bottom profiler (sparker) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed); and
     Marine magnetometer for the detection and mapping of all 
sizes of ferrous objects, including anchors, chains, cables, pipelines, 
ballast stone and other scattered shipwreck debris, munitions of all 
sizes (UXO), aircraft, engines and any other object with magnetic 
expression.
    The HRG surveys are scheduled to begin, in June, 2017. Table 1 
identifies the representative survey equipment that is being considered 
in support of the HRG survey activities. The make and model of the 
listed HRG equipment will vary depending on availability but will be 
finalized as part of the survey preparations and contract negotiations 
with the survey contractor. The final selection of the survey equipment 
will be confirmed prior to the start of the HRG survey program. Only 
the make and model of the HRG equipment may change, not the types of 
equipment or the addition of equipment with characteristics that might 
have effects beyond (i.e., resulting in larger ensonified areas) those 
considered in this proposed IHA. None of the proposed HRG survey 
activities will result in the disturbance of bottom habitat in the 
Project Area; however, the geotechnical surveys may temporarily disrupt 
the bottom habitat during vibracoring or CPTs. The impacts to the 
impact are expected to be negligible (see Potential Effects of the 
Specified Activity on Marine Mammals and their Habitat section).

                                  Table 1--Summary of Representative DWW Geophysical and Geotechnical Survey Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Beam width
            Equipment                   Operating frequencies           Source level          Source depth           (degrees)          Pulse duration
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Multibeam Depth Sounding
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reson SeaBat 7125 Multibeam        200 kHz or 400 kHz.............  220 dBRMS...........  4m below surface....  0.5[deg] beam by     0.03 to 0.3
 Echosounder.                                                                                                    128[deg] coverage.   milliseconds (ms).
Reson Multibeam Echosounder        200 kHz or 400 kHz.............  221 dBRMS...........  1 meter below         128[deg]...........  30-300 [mu]s.
 (7125). \1\                                                                               surface.
RESON 7000 \1\...................  200 & 400 kHz..................  162 dBRMS...........  2-5m below surface..  140[deg]...........  0.33 ms.
R2SONIC..........................  200 & 400 kHz..................  162 dBRMS...........  1 meter below         1[deg]'28..........  0.11 ms.
                                                                                           surface.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Shallow Sub-bottom Profiling (chirp)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Teledyne Benthos Chirp III Sub-    2-7 kHz........................  217 dBRMS...........  4m below surface....  45[deg]............  0.2 ms.
 bottom Profiler.
EdgeTech Full-Spectrum (Chirp)     2-16 kHz.......................  140-180 dB (peak      0.5-1 meter distance  170[deg]...........  45 to 120 ms.
 Ssub-bottom Profiler Equipped                                       SPL, dB re 1[mu]Pa).  from transducer.
 with a SB216 Tow Vehicle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Medium Penetration Sub-bottom Profiling (boomer)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applied Acoustics (Fugro provided  0.1-10 kHz.....................  175 dBRMS...........  1-2m below surface..  60[deg]............  58 ms.
 specs for Fugro boomer).

[[Page 22252]]

 
Applied Acoustics high-resolution  0.250-8 kHz....................  222dB (re 1[mu]Pa at  0.5 meter below       25[deg]-35[deg]....  300-500 [mu]s.
 (S-Boom System) medium                                              2 meters).            surface.
 penetration sub-bottom profiling
 system consisting of a CSP-D
 2400HV power supply and 3-plate
 catamaran (600 joules/pulse).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Medium Penetration Sub-bottom Profiling (sparker)
--------------------------------------------------------------------------------------------------------------------------------------------------------
800 Joule GeoResources Sparker...  0.75-2.75 kHz..................  213 dBRMS (186 dBSEL  4m below surface....  omni directional     0.1 to 0.2 ms.
                                                                     for 1,000 Joul *).                          360[deg].
Applied Acoustics 100-1,000 joule  0.03 to 1.2 kHz................  213 dBRMS 186 dBSEL   0.5-1m below surface  omni directional     0.5-1.5 ms.
 Dura-Spark 240 System.                                              for 1,000 Joul *.                           360.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Side Scan Sonar
--------------------------------------------------------------------------------------------------------------------------------------------------------
EdgeTech 4200 Dual Frequency Side  300 kHz and 900 kHz............  215-220 dB..........  5-10m above seafloor  horizontal 300 kHz:  300 kHz up to 12
 Scan Sonar System.                                                                                              0.5[deg]; 900 kHz:   ms; 900 kHz up to
                                                                                                                 0.2[deg] vertical    3 ms.
                                                                                                                 (50[deg]) l.
Side Scan Sonar: EdgeTech 4000     410 kHz........................  225 dBRMS...........  5-10m above seafloor  400 kHz: 0.4[deg]..  10-20 ms.
 \2\ (spec provided for 4125).
EdgeTech 4200 Dual Frequency side  300 kHz; 600 kHz...............  215-220 dB..........  5-10m above seafloor  horizontal 300 kHz:  300 kHz up to 12
 scan sonar system.                                                                                              0.5[deg], 600 kHz:   ms; 600 kHz up to
                                                                                                                 0.26[deg] vertical   5 ms.
                                                                                                                 (50[deg]).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Magnetometer (No sound is generated)
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-882 Marine Magnetometer (self-   N/A............................  N/A.................  N/A.................  highest sensitivity  N/A.
 oscillating split-beam                                                                                          at 0.004 nT/
 nonradioactive cesium vapor).                                                                                   [Ouml]Hz.
SeaSPY...........................  N/A............................  N/A.................  N/A.................  highest sensitivity  N/A.
                                                                                                                 at 0.01 nT/
                                                                                                                 [Ouml]Hz.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Vibracores
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alpine Model P pneumatic           Unknown........................  Unknown.............  Seabed to 20ft above  omni directional     duration of core.
 Vibracore System3.                                                                        seabed.               360.
Vibracore Operations: HPC or       10-20 kHz......................  185 dBRMS...........  46 meters...........  n/a................  n/a.
 Rossfelder Corer4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CPTs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Serafloor deployed 200kN CPT Rig.  Unknown........................  Unknown.............  Seabed..............  omnidirectional 360  duration of CPT.
Seabed CPT.......................  n/a............................  n/a no effect.......  On seafloor.........  n/a................  n/a.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     DP Thruster System (possible during both geophysical and geotechnical surveys)
--------------------------------------------------------------------------------------------------------------------------------------------------------
DP Thruster/Propeller System.....  0.1 to 10 kHz..................  150 dBRMS...........  12 m depth..........  Unknown............  Unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* BOEM, 2016, Table 10.

    The HRG survey activities will be supported by a vessel 
approximately 100 to 200 ft in length and capable of maintaining course 
and a survey speed of approximately two to five knots while transiting 
survey lines
    Given the size of the Lease Area (160,480 acres), to minimize cost, 
the duration of survey activities, and the period of potential impact 
on marine species, DWW has proposed conducting continuous HRG survey 
operations 24 hours per day. Based on 24-hour operations, the estimated 
duration of the survey activities would be approximately 168 days 
(including estimated weather down time).
    Both NMFS and BOEM have advised that the deployment of HRG survey 
equipment, including the use of intermittent, impulsive sound-producing 
equipment operating below 200 kilohertz (kHz) (e.g., sub-bottom 
profilers), has the potential to cause acoustic harassment to marine 
mammals. Based on the frequency ranges of the equipment to be used in 
support of the HRG survey activities (Table 1) and the hearing ranges 
of the marine mammals that have the potential to occur in the Lease 
Area during survey activities (Table 3), only the shallow and medium 
sub-bottom profilers (chirps, boomers, and sparkers), vibracores, and 
DP thruster systems fall within the established marine mammal hearing 
ranges and have the potential to result in Level B harassment of marine 
mammals.

[[Page 22253]]

Geotechnical Survey Activities
    Marine site characterization surveys will involve the following 
geotechnical survey activities:
     Vibracores will be taken to determine the geological and 
geotechnical characteristics of the sediments; and
     Cone Penetration Testing (CPT) will be performed to 
determine stratigraphy and in-situ conditions of the sediments.
    It is anticipated that the geotechnical surveys will take place no 
sooner than June 2017. Vibracore and CPT operations would utilize DP 
thrusters for about 60 percent of the time while holding on position 
and conducting the CPT or vibracore. Each CPT or vibracore would take 
about 15 to 30 minutes to conduct. Approximately 10 vibracores per day 
or 8 CPTs per day is expected, either one or the other (not both). 
Therefore, vibracores would run for approximately 5 hours per day 
assuming 10 per day at 0.5 hr per test. DP thrusters would be operating 
approximately 60% of the time or 3 hours per day for vibracore and 2.4 
hours for CPT.
    Geotechnical surveys are anticipated to be conducted from a 200-ft 
to 300-ft DP vessel/drill ship or a jack up barge with support of a tug 
boat. For purposes here, use of an approximately 200-ft to 300-ft DP 
vessel is assumed. All survey activities will be executed in compliance 
with Lease OCS-A-0486 (``Lease''), 30 CFR part 585 and the July 2015 
BOEM Guidelines for Providing Geophysical, Geotechnical, and Geohazard 
Information Pursuant to 30 CFR part 585. DP vessel thruster systems 
maintain their precise coordinates in waters through the use of 
automatic controls. These control systems use variable levels of power 
to counter forces from current and wind. Operations will take place 
over a 24-hour period to ensure cost, the duration of survey 
activities, and the period of potential impact on marine species are 
minimized. Based on 24-hour operations, the estimated duration of the 
geotechnical survey activities would be approximately 75 days excluding 
weather downtime.
    Field studies conducted off the coast of Virginia (Tetra Tech, 
2014) to determine the underwater noise produced by borehole drilling 
and CPTs confirm that these activities do not result in underwater 
noise levels that are harmful or harassing to marine mammals (i.e., do 
not exceed NMFS' current Level A and Level B harassment thresholds for 
marine mammals). However, underwater noise produced by the thrusters 
associated with the DP geotechnical vessel (estimated frequency range 
0.1 to 10 kHz) that will be used to support the geotechnical activities 
has the potential to result in Level B harassment (DONG 2016).
    Proposed mitigation, monitoring, and reporting measures are 
described in in detail later in the document (Mitigation section and 
Monitoring and Reporting section).

Description of Marine Mammals in the Area of the Specified Activity

    There are 36 species of marine mammals that potentially occur in 
the Northwest Atlantic Outer Continental Shelf (OCS) region (BOEM, 
2014) (Table 2). The majority of these species are pelagic and/or 
northern species or are so rarely sighted that their presence in the 
Project Area is unlikely. Eighteen of these species are included in the 
take estimate for this project based on seasonal density in the Project 
area. The other 18 species are not included in the take request because 
they have low densities in the Project area, are rarely sighted there, 
and are considered very unlikely to occur in the area. Six marine 
mammal species are listed under the Endangered Species Act (ESA) and 
are known to be present, at least seasonally, in the waters off the 
Northwest Atlantic OCS: Blue whale, fin whale, humpback whale, North 
Atlantic right whale, sei whale, and sperm whale, of which only 5 are 
included in the take request (blue whales are not included). Many of 
these species are highly migratory and do not spend extended periods of 
time in a localized area. The waters off the Northwest Atlantic OC 
(including the Lease Area) are primarily used as a stopover point for 
these species during seasonal movements north or south between 
important feeding and breeding grounds.
    Below is a description of the species that are both common in the 
waters of the OCS southeast of New York and have the highest likelihood 
of occurring, at least seasonally, in the Project Area.
    Further information on the biology, ecology, abundance, and 
distribution of those species likely to occur in the Project Area can 
be found in section 4 of DWW's application, and the NMFS Marine Mammal 
Stock Assessment Reports (see Waring et al., 2016), which are available 
online at: http://www.nmfs.noaa.gov/pr/species/.

               Table 2--Marine Mammals Known To Occur in the Waters Off the Northwest Atlantic OCS
----------------------------------------------------------------------------------------------------------------
                                                                    Stock abundance
                                                   NMFS MMPA and    (CV, Nmin, most              Occurrence and
          Common name                 Stock         ESA  status;        recent        PBR \3\    seasonality in
                                                   strategic  (Y/      abundance                the  NW Atlantic
                                                       N) \1\         survey) \2\                      OCS
----------------------------------------------------------------------------------------------------------------
                                           Toothed whale (Odontoceti)
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin    W. North          -; N             48,819 (0.61;           304  rare.
 (Lagenorhynchus acutus).        Atlantic.                          30,403; n/a).
Atlantic spotted dolphin        W. North          -; N             44,715 (0.43;           316  rare.
 (Stenella frontalis).           Atlantic.                          31,610; n/a).
Bottlenose dolphin (Tursiops    W. North          -; N             77,532 (0.40;           561  Common year
 truncatus).                     Atlantic,                          56,053; 2011).               round.
                                 Offshore.
Clymene Dolphin (Stenella       W. North          -; N             Unknown (unk;         Undet  rare.
 clymene).                       Atlantic.                          unk; n/a).
Pantropical Spotted Dolphin     W. North          -; N             3,333 (0.91;             17  rare.
 (Stenella attenuata).           Atlantic.                          1,733; n/a).
Risso's dolphin (Grampus        W. North          -; N             18,250 (0.46;           126  rare.
 griseus).                       Atlantic.                          12,619; n/a).
Short-beaked common dolphin     W. North          -; N             70,184 (0.28;           557  Common year
 (Delphinus delphis).            Atlantic.                          55,690; 2011).               round.
Striped dolphin (Stenella       W. North          -; N             54,807 (0.3;            428  rare.
 coeruleoalba).                  Atlantic.                          42,804; n/a).

[[Page 22254]]

 
Spinner Dolphin (Stenella       W. North          -; N             Unknown (unk;         Undet  rare.
 longirostris).                  Atlantic.                          unk; n/a).
White-beaked dolphin            W. North          -; N             2,003 (0.94;             10  rare
 (Lagenorhynchus albirostris).   Atlantic.                          1,023; n/a).
Harbor porpoise (Phocoena       Gulf of Maine/    -; N             79,833 (0.32;          706.  Common year
 phocoena).                      Bay of Fundy.                      61,415; 2011).               round
Killer whale (Orcinus orca)...  W. North          -; N             Unknown (unk;         Undet  rare.
                                 Atlantic.                          unk; n/a).
False killer whale (Pseudorca   W. North          -; Y             442 (1.06; 212;         2.1  rare.
 crassidens).                    Atlantic.                          n/a).
Long-Finned pilot whale         W. North          -; Y             5,636 (0.63;             35  rare.
 (Globicephala melas).           Atlantic.                          3,464; n/a).
Short-finned pilot whale        W. North          -; Y             21,515 (0.37;           159  rare.
 (Globicephala macrorhynchus).   Atlantic.                          15,913; n/a).
Sperm whale (Physeter           North Atlantic..  E; Y             2,288 (0.28;            3.6  Year round in
 macrocephalus).                                                    1,815; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Pygmy sperm whale (Kogia        W. North          -; N             3,785 \b\ (0.47;         26  rare.
 breviceps).                     Atlantic.                          2,598; n/a).
Dwarf sperm whale (Kogia sima)  W. North          -; N             3,785 \b\ (0.47;         26  rare.
                                 Atlantic.                          2,598; n/a).
Cuvier's beaked whale (Ziphius  W. North          -; N             6,532 (0.32;             50  rare.
 cavirostris).                   Atlantic.                          5,021; n/a).
Blainville's beaked whale       W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon densirostris).      Atlantic.                          4,632; n/a).
Gervais' beaked whale           W. North          -; N             7,092 \c\ 0.54;          46  rare.
 (Mesoplodon europaeus).         Atlantic.                          4,632; n/a).
True's beaked whale             W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon mirus).             Atlantic.                          4,632; n/a).
Sowerby's Beaked Whale          W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon bidens).            Atlantic.                          4,632; n/a).
Melon-headed whale              W. North          -; N             Unknown (unk;         Undet  rare.
 (Peponocephala electra).        Atlantic.                          unk; n/a).
----------------------------------------------------------------------------------------------------------------
                                            Baleen whales (Mysticeti)
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera       Canadian East     -; N             2,591 (0.81;            162  Year round in
 acutorostrata).                 Coast.                             1,425; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Blue whale (Balaenoptera        W. North          E; Y             Unknown (unk;           0.9  Year round in
 musculus).                      Atlantic.                          440; n/a).                   continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Fin whale (Balaenoptera         W. North          E; Y             1,618 (0.33;            2.5  Year round in
 physalus).                      Atlantic.                          1,234; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Humpback whale (Megaptera       Gulf of Maine...  -; N             823 (0; 823; n/         2.7  Common year
 novaeangliae).                                                     a).                          round.
North Atlantic right whale      W. North          E; Y             440 (0; 440; n/           1  Year round in
 (Eubalaena glacialis).          Atlantic.                          a).                          continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Sei whale (Balaenoptera         Nova Scotia.....  E; Y             357 (0.52; 236;         0.5  Year round in
 borealis).                                                         n/a).                        continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
----------------------------------------------------------------------------------------------------------------
                                            Earless seals (Phocidae)
----------------------------------------------------------------------------------------------------------------
Gray seals (Halichoerus         North Atlantic..  -; N             505,000 (unk;         Undet  Unlikely.
 grypus).                                                           unk; n/a).

[[Page 22255]]

 
Harbor seals (Phoca vitulina).  W. North          -; N             75,834 (0.15;         2,006  Common year
                                 Atlantic.                          66,884; 2012).               round.
Hooded seals (Cystophora        W. North          -; N             Unknown (unk;         Undet  rare.
 cristata).                      Atlantic.                          unk; n/a).
Harp seal (Phoca groenlandica)  North Atlantic..  -; N             Unknown (unk;         Undet  rare.
                                                                    unk; n/a).
----------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species
  is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one
  for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be
  declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
  applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated
  CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be
  more recent surveys that have not yet been incorporated into the estimate. All values presented here are from
  the 2016 draft Atlantic SARs.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
  mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
  optimum sustainable population size (OSP).

North Atlantic Right Whales

    The western North Atlantic stock of this species ranges from the 
calving grounds in the southeastern United States to feeding grounds in 
New England waters and into Canadian waters (Waring et al., 2015). 
Surveys have demonstrated the existence of seven areas where western 
North Atlantic right whales congregate seasonally, including north of 
the action area off Georges Bank, Cape Cod, and Massachusetts Bay 
(Waring et al., 2015). In the late fall months (e.g. October), right 
whales generally disappear from the feeding grounds in the North 
Atlantic and move south to their breeding grounds. Average group size 
for this stock was between 2.9 and 5.5 animals, with a maximum group 
size estimate during the project dates of 3.8 individuals (Parks et 
al., 2007c).
    The current abundance estimate for this stock is 440 individuals 
with PBR at 1 individual (Waring et al., 2016). This stock is listed as 
endangered under the ESA and is therefore considered strategic and 
depleted under the MMPA. Critical habitat for this stock is a 
designated habitat that includes portions of Cape Cod Bay and 
Stellwagen Bank, the Great South Channel (each off the coast of 
Massachusetts), and waters adjacent to the coasts of Georgia and the 
east coast of Florida. These areas were determined to provide critical 
feeding, nursery, and calving habitat for the North Atlantic population 
of northern right whales. This critical habitat was revised in 2006 to 
include two foraging areas in the North Pacific Ocean--one in the 
Bering Sea and one in the Gulf of Alaska (71 FR 38277, July 6, 2006).

Humpback Whales

    Humpback whales are found worldwide in all oceans. In the western 
North Atlantic, humpback whales feed during spring, summer, and fall 
over a geographic range encompassing the eastern coast of the United 
States (including the Gulf of Maine), and farther north into Canadian 
waters. In the winter, they migrate to lower latitudes to breed. 
However, acoustic recordings made in Stellwagen Bank National Marine 
Sanctuary in 2006 and 2008 detected humpback song in almost all months, 
including throughout the winter, which confirms the presence of male 
humpback whales in the area (a mid-latitude feeding ground) through the 
winter in these years (Waring et al., 2015). Their distribution in New 
England waters has been largely correlated to abundance of prey 
species.
    The current abundance estimate for this stock is 823 animals with 
PBR at 1.3 (Waring et al., 2016). Commercial exploitation caused the 
population to decrease in the 20th century. This stock is characterized 
by a positive trend in size (Waring et al., 2015). Although recent 
estimates of abundance indicate a stable or growing humpback whale 
population, the stock may be below optimum substainable population 
(OSP) in the U.S. Atlantic EEZ. The main threat to this stock is 
interactions with fisheries and vessel collisions. This stock is not 
listed under the ESA but is considered strategic under the MMPA.

Fin Whale

    Fin whales are common in waters of the U. S. Atlantic Exclusive 
Economic Zone (EEZ), principally from Cape Hatteras northward (Waring 
et al., 2016). Fin whales are present north of 35-degree latitude in 
every season and are broadly distributed throughout the western North 
Atlantic for most of the year (Waring et al., 2016). This area (east of 
Montauk Point) represents a major feeding ground for fin whales from 
March through October. Fin whales are found in small groups of up to 5 
individuals (Brueggeman et al., 1987).
    The current abundance estimate for the western North Atlantic stock 
of fin whales is 1,618 with PBR at 2.5 animals (Waring et al., 2016). 
This stock is listed as endangered under the ESA resulting in strategic 
and depleted status under the MMPA. The main threats to this stock are 
fishery interactions and vessel collisions (Waring et al., 2016).

Sei Whale

    The Nova Scotia stock of sei whales can be found in deeper waters 
of the continental shelf edge waters of the northeastern U.S. and 
northeastward to south of Newfoundland. The southern portion of the 
species' range during spring and summer includes the Gulf of Maine and 
Georges Bank. Spring is the period of greatest abundance in U.S. 
waters, with sightings concentrated along the eastern margin of Georges 
Bank and into the Northeast Channel area, and along the southwestern 
edge of Georges Bank in the area of Hydrographer Canyon (Waring et al., 
2015). Sei whales occur in shallower waters to feed.
    The current abundance estimate for this stock is 357 animals with 
PBR at 0.5 (Waring et al., 2016). This stock is listed as engendered 
under the ESA and is considered strategic and depleted under the MMPA. 
The main threats to this

[[Page 22256]]

stock are interactions with fisheries and vessel collisions.

Minke Whale

    Minke whales can be found in temperate, tropical, and high-latitude 
waters. The Canadian East Coast stock can be found in the area from the 
western half of the Davis Strait (45[deg] W.) to the Gulf of Mexico 
(Waring et al., 2016). This species generally occupies waters less than 
100 m deep on the continental shelf. There appears to be a strong 
seasonal component to minke whale distribution in which spring to fall 
are times of relatively widespread and common occurrence, and when the 
whales are most abundant in New England waters, while during winter the 
species appears to be largely absent (Waring et al., 2016).
    The current abundance estimate for this stock is 2,591 animals with 
PBR at 162 (Waring et al., 2016). The main threats to this stock are 
interactions with fisheries, strandings, and vessel collisions. This 
stock is not listed under the ESA and is not considered strategic under 
the MMPA.

Sperm Whale

    The distribution of the sperm whale in the U.S. EEZ occurs on the 
continental shelf edge, over the continental slope, and into mid-ocean 
regions (Waring et al., 2014). The basic social unit of the sperm whale 
appears to be the mixed school of adult females plus their calves and 
some juveniles of both sexes, normally numbering 20-40 animals in all. 
There is evidence that some social bonds persist for many years 
(Christal et al., 1998). This species forms stable social groups, site 
fidelity, and latitudinal range limitations in groups of females and 
juveniles (Whitehead 2002). In summer, the distribution of sperm whales 
includes the area east and north of Georges Bank and into the Northeast 
Channel region, as well as the continental shelf (inshore of the 100-m 
isobath) south of New England. In the fall, sperm whale occurrence 
south of New England on the continental shelf is at its highest level, 
and there remains a continental shelf edge occurrence in the mid-
Atlantic bight. In winter, sperm whales are concentrated east and 
northeast of Cape Hatteras.
    The current abundance estimate for this stock is 2,288 with PBR at 
3.6 animals (Waring et al., 2016). This stock is listed as endangered 
under the ESA and is considered depleted and a strategic stock under 
the MMPA. The main threat to this species is interactions with 
fisheries.

False Killer Whale

    False killer whales can be found in warm temperate and tropical 
waters, and have been sighted in U.S. Atlantic waters from southern 
Florida to Maine (Waring et al., 2015). This species tends to be in 
offshore waters but at times inhabit waters closer to shore.
    The current abundance estimate for this stock is 442 animals with 
PBR at 2.1 (Waring et al., 2016). This species is not listed under the 
ESA but is considered a strategic stock under the MMPA. The main threat 
to this species include interactions with fisheries.

Cuvier's Beaked Whale

    Cuvier's beaked whale distribution is poorly known. Sightings of 
this species have occurred principally along the continental shelf edge 
in the Mid-Atlantic region off the northeast U.S. coast, and most 
sightings were in late spring or summer.
    The current abundance estimate for this stock is 6,532 animals with 
PBR at 50 (Waring et al., 2016). This species is not listed under the 
ESA and is not considered strategic or depleted under the MMPA. The 
main threat to this species is interactions with fisheries and 
stranding associated with Naval activities (Waring et al., 2014).

Long-Finned Pilot Whale

    Long-finned pilot whales can be found from North Carolina and north 
to Iceland, Greenland and the Barents Sea (Waring et al., 2016). In 
U.S. Atlantic waters this species is distributed principally along the 
continental shelf edge off the northeastern U.S. coast in winter and 
early spring and in late spring, pilot whales move onto Georges Bank 
and into the Gulf of Maine and more northern waters and remain in these 
areas through late autumn (Waring et al., 2016).
    The current abundance estimate for this stock is 5,636 animals with 
PBR at 35 (Waring et al., 2016). This species is not listed under the 
ESA but is considered strategic under the MMPA. The main threats to 
this species include interactions with fisheries and habitat issues 
including exposure to high levels of polychlorinated biphenyls and 
chlorinated pesticides, and toxic metals including mercury, lead, 
cadmium, and selenium (Waring et al., 2016).

Atlantic White-Sided Dolphin

    White-sided dolphins are found in temperate and sub-polar waters of 
the North Atlantic, primarily in continental shelf waters to the 100-m 
depth contour from central West Greenland to North Carolina (Waring et 
al., 2016). There are three stock units: Gulf of Maine, Gulf of St. 
Lawrence and Labrador Sea stocks (Palka et al., 1997). The Gulf of 
Maine population of white-sided dolphins is most common in continental 
shelf waters from Hudson Canyon (approximately 39[deg] N.) to Georges 
Bank, and in the Gulf of Maine and lower Bay of Fundy. Sighting data 
indicate seasonal shifts in distribution (Northridge et al., 1997). 
During January to May, low numbers of white-sided dolphins are found 
from Georges Bank to Jeffreys Ledge (off New Hampshire), with even 
lower numbers south of Georges Bank, as documented by a few strandings 
collected on beaches of Virginia to South Carolina. From June through 
September, large numbers of white-sided dolphins are found from Georges 
Bank to the lower Bay of Fundy. From October to December, white-sided 
dolphins occur at intermediate densities from southern Georges Bank to 
southern Gulf of Maine (Payne and Heinemann 1990). Sightings south of 
Georges Bank, particularly around Hudson Canyon, occur year round but 
at low densities.
    The current abundance estimate for this stock is 48,819 animals 
with PBR at 304 (Waring et al., 2016). This stock is not listed under 
the ESA and is not considered strategic or depleted under the MMPA. The 
main threat to this species is interactions with fisheries.

White-Beaked Dolphin

    The white-beaked dolphin is found in waters from southern New 
England to southern Greenland and Davis Straits but are concentrated in 
the western Gulf of Maine and around Cape Cod (Waring et al., 2007). 
They prefer waters primarily offshore on the continental shelf, 
possibly due to the prey species located there.
    The current abundance estimate for this stock is 1,023 animals with 
PBR at 10 (Waring et al., 2016). This species is not listed under the 
ESA and is not considered depleted or strategic under the MMPA. The 
main threat to this stock is interaction with fisheries.

Short-Beaked Common Dolphin

    The short-beaked common dolphin is found world-wide in temperate to 
subtropical seas. In the North Atlantic, short-beaked common dolphins 
are commonly found over the continental shelf between the 100-m and 
2000-m isobaths and over prominent underwater topography and east to 
the mid-Atlantic Ridge (Waring et al., 2016). Only the western North 
Atlantic stock may be present in the Lease Area.
    The current abundance estimate for this stock is 70,184 with PBR at 
557 (Waring et al., 2016). The main threat to

[[Page 22257]]

this species is interactions with fisheries. This species is not listed 
under the ESA and is not considered strategic or depleted under the 
MMPA.

Atlantic Spotted Dolphin

    Atlantic spotted dolphins are found in tropical and warm temperate 
waters ranging from southern New England, south to Gulf of Mexico and 
the Caribbean to Venezuela (Waring et al., 2014). This stock regularly 
occurs in continental shelf waters south of Cape Hatteras and in 
continental shelf edge and continental slope waters north of this 
region (Waring et al., 2014). There are two forms of this species, with 
the larger ecotype inhabiting the continental shelf and is usually 
found inside or near the 200 m isobaths (Waring et al., 2014).
    The current abundance estimate for this stock is 44,715 animals 
with PBR at 316 (Waring et al., 2016). This species is not listed under 
the ESA and is not considered depleted or strategic under the MMPA. The 
main threat to this species is interactions with fisheries.

Striped Dolphin

    The striped dolphin is found in warm-temperate to tropical seas 
around the world. In the western North Atlantic, they are found from 
Nova Scotia to at least Jamaica and in the Gulf of Mexico with 
preference over continental slope waters (Waring et al., 2014). In the 
Northeast, they are distributed along the continental shelf edge from 
Cape Hatteras to the southern margin of Georges Bank, and also occur 
offshore over the continental slope and rise in the mid-Atlantic region 
(Waring et al., 2014). They were most often observed in waters between 
20 and 27 degrees Celsius and deeper than 900 m (Waring et al., 2014).
    The current abundance estimate for this stock is 54,807 animals 
with PBR at 428 (Waring et al., 2016). This stock is not listed under 
the ESA and is not considered a strategic or depleted stock under the 
MMPA. The main threat to this species is interactions with fisheries.

Common Bottlenose Dolphin

    There are two distinct bottlenose dolphin morphotypes: The coastal 
and offshore forms in the western North Atlantic (Waring et al., 2016). 
The offshore form is distributed primarily along the outer continental 
shelf and continental slope in the Northwest Atlantic Ocean from 
Georges Bank to the Florida Keys and is the only type that may be 
present in the Lease Area.
    The current abundance estimate for the Western north Atlantic stock 
is 77,532 with PBR at 561 (Waring et al., 2016). The main threat to 
this species is interactions with fisheries. This species is not listed 
under the ESA and is not considered strategic or depleted under the 
MMPA.

Harbor Porpoise

    In the Lease Area, only the Gulf of Maine/Bay of Fundy stock may be 
present. This stock is found in U.S. and Canadian Atlantic waters and 
are concentrated in the northern Gulf of Maine and southern Bay of 
Fundy region, generally in waters less than 150 m deep (Waring et al., 
2016). They are seen from the coastline to deep waters (>1800 m; 
Westgate et al. 1998), although the majority of the population is found 
over the continental shelf (Waring et al., 2016). Average group size 
for this stock in the Bay of Fundy is approximately 4 individuals 
(Palka 2007).
    The current abundance estimate for this stock is 79,883, with PBR 
at 706 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries, with documented take in the U.S. northeast 
sink gillnet, mid-Atlantic gillnet, and northeast bottom trawl 
fisheries and in the Canadian herring weir fisheries (Waring et al., 
2016). This species is not listed under the ESA and is not considered 
strategic or depleted under the MMPA.

Harbor Seal

    The harbor seal is found in all nearshore waters of the North 
Atlantic and North Pacific Oceans and adjoining seas above about 
30[deg] N. (Burns 2009). In the western North Atlantic, they are 
distributed from the eastern Canadian Arctic and Greenland south to 
southern New England and New York, and occasionally to the Carolinas 
(Waring et al., 2016). Haulout and pupping sites are located off 
Manomet, MA and the Isles of Shoals, ME, but generally do not occur in 
areas in southern New England (Waring et al., 2016).
    The current abundance estimate for this stock is 75,834, with PBR 
at 2,006 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries. This species is not listed under the ESA 
and is not considered strategic or depleted under the MMPA.

Gray Seal

    There are three major populations of gray seals found in the world; 
eastern Canada (western North Atlantic stock), northwestern Europe and 
the Baltic Sea. The gray seals that occur in the Project Area belong to 
the western North Atlantic Stock, which ranges from New Jersey to 
Labrador. Current estimates of the total western North Atlantic gray 
seal population are not available, although portions of stock have been 
calculated for select time periods. Models estimate that the total 
minimum Canadian gray seal population is at 505,000 individuals (Waring 
et al., 2016). Present data are insufficient to calculate the minimum 
population estimate for U.S. waters; however, based on genetic analyses 
from the Canadian and U.S. populations, all individuals were placed 
into one population providing further evidence that this stock is one 
interbreeding population (Wood et al., 2011). Current population trends 
show that gray seal abundance is likely increasing in the U.S. Atlantic 
EEZ (Waring et al., 2016). Although the rate of increase is unknown, 
surveys conducted since their arrival in the 1980s indicate a steady 
increase in abundance in both Maine and Massachusetts (Waring et al., 
2016). It is believed that recolonization by Canadian gray seals is the 
source of the U.S. population (Waring et al., 2016). Gray seals are not 
listed under the ESA, and the stock is not considered strategic or 
depleted under the MMPA.
    Gray seals start to group up in the fall and pupping generally 
occurs from mid-December to early February (USFWS 2015). Monomoy NWR is 
the largest haul-out site for gray seals on the U.S. Atlantic seaboard 
(USFWS 2015). Gray seals are known to use Monomoy NWR and Nantucket NWR 
land and water year round, with higher numbers accumulating during the 
winter and spring when pupping and molting occur. Gray seal pupping on 
Monomoy NWR was limited in the past but has been increasing rapidly in 
recent years. By early spring, upwards of 19,000 gray seals can be 
found hauled out on Monomoy NWR (B. Josephson, NOAA, personal 
communication). While many of these seals use Monomoy NWR for breeding, 
others make their way to the refuge to molt. By late spring, gray seal 
abundance continues to taper until the fall.

Potential Effects of the Specified Activity on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The ``Estimated Take'' section later in this document 
will include a quantitative analysis of the number of individuals that 
are expected to be taken by this activity. The Negligible Impact 
Analyses and Determination section will consider the content of this 
section, the Estimated Take by Incidental Harassment section, and the 
Proposed

[[Page 22258]]

Mitigation section, to draw conclusions regarding the likely impacts of 
these activities on the reproductive success or survivorship of 
individuals and how those impacts on individuals are likely to impact 
marine mammal species or stocks.

Background on Sound

    Sound is a physical phenomenon consisting of minute vibrations that 
travel through a medium, such as air or water, and is generally 
characterized by several variables. Frequency describes the sound's 
pitch and is measured in hertz (Hz) or kilohertz (kHz), while sound 
level describes the sound's intensity and is measured in decibels (dB). 
Sound level increases or decreases exponentially with each dB of 
change. The logarithmic nature of the scale means that each 10-dB 
increase is a 10-fold increase in acoustic power (and a 20-dB increase 
is then a 100-fold increase in power). A 10-fold increase in acoustic 
power does not mean that the sound is perceived as being 10 times 
louder, however. Sound levels are compared to a reference sound 
pressure (micro-Pascal) to identify the medium. For air and water, 
these reference pressures are ``re: 20 [micro]Pa'' and ``re: 1 
[micro]Pa,'' respectively. Root mean square (RMS) is the quadratic mean 
sound pressure over the duration of an impulse. RMS is calculated by 
squaring all of the sound amplitudes, averaging the squares, and then 
taking the square root of the average (Urick 1975). RMS accounts for 
both positive and negative values; squaring the pressures makes all 
values positive so that they may be accounted for in the summation of 
pressure levels. This measurement is often used in the context of 
discussing behavioral effects, in part because behavioral effects, 
which often result from auditory cues, may be better expressed through 
averaged units rather than by peak pressures.

Acoustic Impacts

    HRG survey equipment use and use of the vibracore and DP thruster 
during the geophysical and geotechnical surveys may temporarily impact 
marine mammals in the area due to elevated in-water sound levels. 
Marine mammals are continually exposed to many sources of sound. 
Naturally occurring sounds such as lightning, rain, sub-sea 
earthquakes, and biological sounds (e.g., snapping shrimp, whale songs) 
are widespread throughout the world's oceans. Marine mammals produce 
sounds in various contexts and use sound for various biological 
functions including, but not limited to: (1) Social interactions; (2) 
foraging; (3) orientation; and (4) predator detection. Interference 
with producing or receiving these sounds may result in adverse impacts. 
Audible distance, or received levels of sound depend on the nature of 
the sound source, ambient noise conditions, and the sensitivity of the 
receptor to the sound (Richardson et al., 1995). Type and significance 
of marine mammal reactions to sound are likely dependent on a variety 
of factors including, but not limited to, (1) the behavioral state of 
the animal (e.g., feeding, traveling, etc.); (2) frequency of the 
sound; (3) distance between the animal and the source; and (4) the 
level of the sound relative to ambient conditions (Southall et al., 
2007).
    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Current 
data indicate that not all marine mammal species have equal hearing 
capabilities (Richardson et al., 1995; Southall et al., 1997; Wartzok 
and Ketten, 1999; Au and Hastings, 2008).
    Animals are less sensitive to sounds at the outer edges of their 
functional hearing range and are more sensitive to a range of 
frequencies within the middle of their functional hearing range. For 
mid-frequency cetaceans, functional hearing estimates occur between 
approximately 150 Hz and 160 kHz with best hearing estimated to occur 
between approximately 10 to less than 100 kHz (Finneran et al., 2005 
and 2009, Natchtigall et al., 2005 and 2008; Yuen et al., 2005; Popov 
et al., 2010 and 2011; and Schlundt et al., 2011).
    On August 4, 2016, NMFS released its Technical Guidance for 
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing 
(NMFS, 2016; 81 FR 51694). This new guidance established new thresholds 
for predicting onset of temporary (TTS) and permanent (PTS) threshold 
shifts for impulsive (e.g., explosives and impact pile drivers) and 
non-impulsive (e.g., vibratory pile drivers) sound sources. These 
acoustic thresholds are presented using dual metrics of cumulative 
sound exposure level (SELcum) and peak sound level (PK) for impulsive 
sounds and SELcum for non-impulsive sounds. The lower and/or upper 
frequencies for some of these functional hearing groups have been 
modified from those designated by Southall et al. (2007), and the 
revised generalized hearing ranges are presented in the new Guidance. 
The functional hearing groups and the associated frequencies are 
indicated in Table 3 below.

   Table 3--Marine Mammal Hearing Groups and Their Generalized Hearing
                                  Range
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen  7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans          150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
High-frequency (HF) cetaceans (true   275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 cephalorhynchid, Lagenorhynchus
 cruciger and L. australis).
Phocid pinnipeds (PW) (underwater)    50 Hz to 86 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)   60 Hz to 39 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).

    When sound travels (propagates) from its source, its loudness 
decreases as the distance traveled by the sound increases. Thus, the 
loudness of a sound at its source is higher than the loudness of that 
same sound a kilometer (km) away. Acousticians often refer to the 
loudness of a sound at its source (typically referenced to one meter 
from the source) as the source level and the loudness of sound 
elsewhere as the received level (i.e., typically the receiver). For 
example, a humpback whale 3 km from a device that has a source level of 
230 dB may only be exposed to sound that is 160 dB loud, depending on 
how the sound travels through water (e.g., spherical spreading (6 dB 
reduction with doubling of distance) was used in this example). As a 
result, it is important to understand

[[Page 22259]]

the difference between source levels and received levels when 
discussing the loudness of sound in the ocean or its impacts on the 
marine environment.
    As sound travels from a source, its propagation in water is 
influenced by various physical characteristics, including water 
temperature, depth, salinity, and surface and bottom properties that 
cause refraction, reflection, absorption, and scattering of sound 
waves. Oceans are not homogeneous and the contribution of each of these 
individual factors is extremely complex and interrelated. The physical 
characteristics that determine the sound's speed through the water will 
change with depth, season, geographic location, and with time of day 
(as a result, in actual active sonar operations, crews will measure 
oceanic conditions, such as sea water temperature and depth, to 
calibrate models that determine the path the sonar signal will take as 
it travels through the ocean and how strong the sound signal will be at 
a given range along a particular transmission path). As sound travels 
through the ocean, the intensity associated with the wavefront 
diminishes, or attenuates. This decrease in intensity is referred to as 
propagation loss, also commonly called transmission loss.
    As mentioned previously in this document, nine marine mammal 
species (seven cetaceans and two pinnipeds) are likely to occur in the 
Project Area. Of the seven cetacean species likely to occur in the 
Lease Area, four are classified as low-frequency cetaceans (i.e., minke 
whale, fin whale, humpback whale, and North Atlantic right whale), two 
are classified as mid-frequency cetaceans (i.e., Atlantic white-sided 
dolphin and short-beaked common dolphin), and one is classified as a 
high-frequency cetacean (i.e., harbor porpoise) (Southall et al., 
2007). A species' functional hearing group is a consideration when we 
analyze the effects of exposure to sound on marine mammals.

Hearing Impairment

    Marine mammals may experience temporary or permanent hearing 
impairment when exposed to loud sounds. Hearing impairment is 
classified by TTS and PTS. There are no empirical data for onset of PTS 
in any marine mammal; therefore, PTS-onset must be estimated from TTS-
onset measurements and from the rate of TTS growth with increasing 
exposure levels above the level eliciting TTS-onset. PTS is presumed to 
be likely if the hearing threshold is reduced by >=40 dB (that is, 40 
dB of TTS). PTS is considered auditory injury (Southall et al., 2007) 
and occurs in a specific frequency range and amount. Irreparable damage 
to the inner or outer cochlear hair cells may cause PTS; however, other 
mechanisms are also involved, such as exceeding the elastic limits of 
certain tissues and membranes in the middle and inner ears and 
resultant changes in the chemical composition of the inner ear fluids 
(Southall et al., 2007). Given the higher level of sound and longer 
durations of exposure necessary to cause PTS as compared with TTS, it 
is considerably less likely that PTS would occur during the proposed 
HRG and geotechnical survey.

Temporary Threshold Shift (TTS)

    TTS is the mildest form of hearing impairment that can occur during 
exposure to a loud sound (Kryter 1985). While experiencing TTS, the 
hearing threshold rises, and a sound must be stronger in order to be 
heard. At least in terrestrial mammals, TTS can last from minutes or 
hours to (in cases of strong TTS) days, can be limited to a particular 
frequency range, and can occur to varying degrees (i.e., a loss of a 
certain number of dBs of sensitivity). For sound exposures at or 
somewhat above the TTS threshold, hearing sensitivity in both 
terrestrial and marine mammals recovers rapidly after exposure to the 
noise ends.
    Marine mammal hearing plays a critical role in communication with 
conspecifics and in interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to 
serious. For example, a marine mammal may be able to readily compensate 
for a brief, relatively small amount of TTS in a non-critical frequency 
range that takes place during a time when the animals is traveling 
through the open ocean, where ambient noise is lower and there are not 
as many competing sounds present. Alternatively, a larger amount and 
longer duration of TTS sustained during a time when communication is 
critical for successful mother/calf interactions could have more 
serious impacts if it were in the same frequency band as the necessary 
vocalizations and of a severity that it impeded communication. The fact 
that animals exposed to levels and durations of sound that would be 
expected to result in this physiological response would also be 
expected to have behavioral responses of a comparatively more severe or 
sustained nature is also notable and potentially of more importance 
than the simple existence of a TTS.
    Currently, TTS data only exist for four species of cetaceans 
(bottlenose dolphin, beluga whale (Delphinapterus leucas), harbor 
porpoise, and Yangtze finless porpoise (Neophocaena phocaenoides)) and 
three species of pinnipeds (northern elephant seal (Mirounga 
angustirostris), harbor seal, and California sea lion (Zalophus 
californianus)) exposed to a limited number of sound sources (i.e., 
mostly tones and octave-band noise) in laboratory settings (e.g., 
Finneran et al., 2002 and 2010; Nachtigall et al., 2004; Kastak et al., 
2005; Lucke et al., 2009; Mooney et al., 2009; Popov et al., 2011; 
Finneran and Schlundt, 2010). In general, harbor seals (Kastak et al., 
2005; Kastelein et al., 2012a) and harbor porpoises (Lucke et al., 
2009; Kastelein et al., 2012b) have a lower TTS onset than other 
measured pinniped or cetacean species. However, even for these animals, 
which are better able to hear higher frequencies and may be more 
sensitive to higher frequencies, exposures on the order of 
approximately 170 dB rms or higher for brief transient signals are 
likely required for even temporary (recoverable) changes in hearing 
sensitivity that would likely not be categorized as physiologically 
damaging (Lucke et al., 2009). Additionally, the existing marine mammal 
TTS data come from a limited number of individuals within these 
species. There are no data available on noise-induced hearing loss for 
mysticetes. For summaries of data on TTS in marine mammals or for 
further discussion of TTS onset thresholds, please see Finneran (2016).
    Scientific literature highlights the inherent complexity of 
predicting TTS onset in marine mammals, as well as the importance of 
considering exposure duration when assessing potential impacts (Mooney 
et al., 2009a, 2009b; Kastak et al., 2007). Generally, with sound 
exposures of equal energy, quieter sounds (lower SPL) of longer 
duration were found to induce TTS onset more than louder sounds (higher 
SPL) of shorter duration (more similar to sub-bottom profilers). For 
intermittent sounds, less threshold shift will occur than from a 
continuous exposure with the same energy (some recovery will occur 
between intermittent exposures) (Kryter et al., 1966; Ward 1997). For 
sound exposures at or somewhat above the TTS-onset threshold, hearing 
sensitivity recovers rapidly after exposure to the sound ends; 
intermittent exposures recover faster in comparison

[[Page 22260]]

with continuous exposures of the same duration (Finneran et al., 2010). 
NMFS considers TTS as Level B harassment that is mediated by 
physiological effects on the auditory system; however, NMFS does not 
consider TTS-onset to be the lowest level at which Level B harassment 
may occur.
    Animals in the Project Area during the HRG survey are unlikely to 
incur TTS hearing impairment due to the characteristics of the sound 
sources, which include low source levels (208 to 221 dB re 1 [micro]Pa-
m) and generally very short pulses and duration of the sound. Even for 
high-frequency cetacean species (e.g., harbor porpoises), which may 
have increased sensitivity to TTS (Lucke et al., 2009; Kastelein et 
al., 2012b), individuals would have to make a very close approach and 
also remain very close to vessels operating these sources in order to 
receive multiple exposures at relatively high levels, as would be 
necessary to cause TTS. Intermittent exposures--as would occur due to 
the brief, transient signals produced by these sources--require a 
higher cumulative SEL to induce TTS than would continuous exposures of 
the same duration (i.e., intermittent exposure results in lower levels 
of TTS) (Mooney et al., 2009a; Finneran et al., 2010). Moreover, most 
marine mammals would more likely avoid a loud sound source rather than 
swim in such close proximity as to result in TTS. Kremser et al. (2005) 
noted that the probability of a cetacean swimming through the area of 
exposure when a sub-bottom profiler emits a pulse is small--because if 
the animal was in the area, it would have to pass the transducer at 
close range in order to be subjected to sound levels that could cause 
temporary threshold shift and would likely exhibit avoidance behavior 
to the area near the transducer rather than swim through at such a 
close range. Further, the restricted beam shape of the sub-bottom 
profiler and other HRG survey equipment makes it unlikely that an 
animal would be exposed more than briefly during the passage of the 
vessel. Boebel et al. (2005) concluded similarly for single and 
multibeam echosounders; and, more recently, Lurton (2016) conducted a 
modeling exercise and concluded similarly that likely potential for 
acoustic injury from these types of systems is negligible but that 
behavioral response cannot be ruled out. Animals may avoid the area 
around the survey vessels, thereby reducing exposure. Any disturbance 
to marine mammals is likely to be in the form of temporary avoidance or 
alteration of opportunistic foraging behavior near the survey location.
    It is possible that animals in the Project Area may experience TTS 
during the use of DP vessel thrusters during the geotechnical survey 
due to the duration and nature of the noise (continuous, up to 75 
days). However, the fact that the DP drill ship is stationary during 
the geotechnical survey activities makes it less likely that animals 
would remain in the area long enough to incur TTS. As is the case for 
the HRG survey activities, animals may avoid the area around the survey 
vessel, thereby reducing exposure. Any disturbance to marine mammals is 
more likely to be in the form of temporary avoidance or alteration of 
opportunistic foraging behavior near the survey location.

Masking

    Masking is the obscuring of sounds of interest to an animal by 
other sounds, typically at similar frequencies. Marine mammals are 
highly dependent on sound, and their ability to recognize sound signals 
amid other sound is important in communication and detection of both 
predators and prey (Tyack 2000). Background ambient sound may interfere 
with or mask the ability of an animal to detect a sound signal even 
when that signal is above its absolute hearing threshold. Even in the 
absence of anthropogenic sound, the marine environment is often loud. 
Natural ambient sound includes contributions from wind, waves, 
precipitation, other animals, and (at frequencies above 30 kHz) thermal 
sound resulting from molecular agitation (Richardson et al., 1995).
    Background sound may also include anthropogenic sound, and masking 
of natural sounds can result when human activities produce high levels 
of background sound. Conversely, if the background level of underwater 
sound is high (e.g., on a day with strong wind and high waves), an 
anthropogenic sound source would not be detectable as far away as would 
be possible under quieter conditions and would itself be masked. 
Ambient sound is highly variable on continental shelves (Thompson, 
1965; Myrberg, 1978; Chapman et al., 1998; Desharnais et al., 1999). 
This results in a high degree of variability in the range at which 
marine mammals can detect anthropogenic sounds.
    Although masking is a phenomenon which may occur naturally, the 
introduction of loud anthropogenic sounds into the marine environment 
at frequencies important to marine mammals increases the severity and 
frequency of occurrence of masking. For example, if a baleen whale is 
exposed to continuous low-frequency sound from an industrial source, 
this would reduce the size of the area around that whale within which 
it can hear the calls of another whale. The components of background 
noise that are similar in frequency to the signal in question primarily 
determine the degree of masking of that signal. In general, little is 
known about the degree to which marine mammals rely upon detection of 
sounds from conspecifics, predators, prey, or other natural sources. In 
the absence of specific information about the importance of detecting 
these natural sounds, it is not possible to predict the impact of 
masking on marine mammals (Richardson et al., 1995). In general, 
masking effects are expected to be less severe when sounds are 
transient than when they are continuous. Masking is typically of 
greater concern for those marine mammals that utilize low-frequency 
communications, such as baleen whales, because of how far low-frequency 
sounds propagate.
    Marine mammal communications would not likely be masked appreciably 
by the sub-profiler signals given the directionality of the signal and 
the brief period when an individual mammal is likely to be within its 
beam. And while continuous sound from the DP thruster when in use is 
predicted to extend 500 m to the 120 dB threshold, the generally short 
duration of DP thruster use and low source levels, coupled with the 
likelihood of animals to avoid the sound source, would result in very 
little opportunity for this activity to mask the communication of local 
marine mammals for more than a brief period of time.

Non-Auditory Physical Effects (Stress)

    Classic stress responses begin when an animal's central nervous 
system perceives a potential threat to its homeostasis. That perception 
triggers stress responses regardless of whether a stimulus actually 
threatens the animal; the mere perception of a threat is sufficient to 
trigger a stress response (Moberg 2000; Sapolsky et al., 2005; Seyle 
1950). Once an animal's central nervous system perceives a threat, it 
mounts a biological response or defense that consists of a combination 
of the four general biological defense responses: Behavioral responses, 
autonomic nervous system responses, neuroendocrine responses, or immune 
responses.
    In the case of many stressors, an animal's first and sometimes most 
economical (in terms of biotic costs) response is behavioral avoidance 
of the potential stressor or avoidance of

[[Page 22261]]

continued exposure to a stressor. An animal's second line of defense to 
stressors involves the sympathetic part of the autonomic nervous system 
and the classical ``fight or flight'' response which includes the 
cardiovascular system, the gastrointestinal system, the exocrine 
glands, and the adrenal medulla to produce changes in heart rate, blood 
pressure, and gastrointestinal activity that humans commonly associate 
with ``stress.'' These responses have a relatively short duration and 
may or may not have significant long-term effect on an animal's 
welfare.
    An animal's third line of defense to stressors involves its 
neuroendocrine systems; the system that has received the most study has 
been the hypothalamus-pituitary-adrenal system (also known as the HPA 
axis in mammals or the hypothalamus-pituitary-interrenal axis in fish 
and some reptiles). Unlike stress responses associated with the 
autonomic nervous system, virtually all neuro-endocrine functions that 
are affected by stress--including immune competence, reproduction, 
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been 
implicated in failed reproduction (Moberg 1987; Rivier 1995), altered 
metabolism (Elasser et al., 2000), reduced immune competence (Blecha 
2000), and behavioral disturbance. Increases in the circulation of 
glucocorticosteroids (cortisol, corticosterone, and aldosterone in 
marine mammals; see Romano et al., 2004) have been equated with stress 
for many years.
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and distress is the biotic cost 
of the response. During a stress response, an animal uses glycogen 
stores that can be quickly replenished once the stress is alleviated. 
In such circumstances, the cost of the stress response would not pose a 
risk to the animal's welfare. However, when an animal does not have 
sufficient energy reserves to satisfy the energetic costs of a stress 
response, energy resources must be diverted from other biotic function, 
which impairs those functions that experience the diversion. For 
example, when mounting a stress response diverts energy away from 
growth in young animals, those animals may experience stunted growth. 
When mounting a stress response diverts energy from a fetus, an 
animal's reproductive success and its fitness will suffer. In these 
cases, the animals will have entered a pre-pathological or pathological 
state which is called ``distress'' (Seyle 1950) or ``allostatic 
loading'' (McEwen and Wingfield, 2003). This pathological state will 
last until the animal replenishes its biotic reserves sufficient to 
restore normal function. Note that these examples involved a long-term 
(days or weeks) stress response exposure to stimuli.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses have also been documented 
fairly well through controlled experiments; because this physiology 
exists in every vertebrate that has been studied, it is not surprising 
that stress responses and their costs have been documented in both 
laboratory and free-living animals (for examples see, Holberton et al., 
1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004; 
Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer 
2000). Information has also been collected on the physiological 
responses of marine mammals to exposure to anthropogenic sounds (Fair 
and Becker 2000; Romano et al., 2002; Wright et al., 2008). For 
example, Rolland et al. (2012) found that noise reduction from reduced 
ship traffic in the Bay of Fundy was associated with decreased stress 
in North Atlantic right whales. In a conceptual model developed by the 
Population Consequences of Acoustic Disturbance (PCAD) working group, 
serum hormones were identified as possible indicators of behavioral 
effects that are translated into altered rates of reproduction and 
mortality.
    Studies of other marine animals and terrestrial animals would also 
lead us to expect some marine mammals to experience physiological 
stress responses and, perhaps, physiological responses that would be 
classified as ``distress'' upon exposure to high frequency, mid-
frequency and low-frequency sounds. For example, Jansen (1998) reported 
on the relationship between acoustic exposures and physiological 
responses that are indicative of stress responses in humans (for 
example, elevated respiration and increased heart rates). Jones (1998) 
reported on reductions in human performance when faced with acute, 
repetitive exposures to acoustic disturbance. Trimper et al. (1998) 
reported on the physiological stress responses of osprey to low-level 
aircraft noise while Krausman et al. (2004) reported on the auditory 
and physiology stress responses of endangered Sonoran pronghorn to 
military overflights. Smith et al. (2004a, 2004b), for example, 
identified noise-induced physiological transient stress responses in 
hearing-specialist fish (i.e., goldfish) that accompanied short- and 
long-term hearing losses. Welch and Welch (1970) reported physiological 
and behavioral stress responses that accompanied damage to the inner 
ears of fish and several mammals.
    Hearing is one of the primary senses marine mammals use to gather 
information about their environment and to communicate with 
conspecifics. Although empirical information on the relationship 
between sensory impairment (TTS, PTS, and acoustic masking) on marine 
mammals remains limited, it seems reasonable to assume that reducing an 
animal's ability to gather information about its environment and to 
communicate with other members of its species would be stressful for 
animals that use hearing as their primary sensory mechanism. Therefore, 
we assume that acoustic exposures sufficient to trigger onset PTS or 
TTS would be accompanied by physiological stress responses because 
terrestrial animals exhibit those responses under similar conditions 
(NRC 2003). More importantly, marine mammals might experience stress 
responses at received levels lower than those necessary to trigger 
onset TTS. Based on empirical studies of the time required to recover 
from stress responses (Moberg 2000), we also assume that stress 
responses are likely to persist beyond the time interval required for 
animals to recover from TTS and might result in pathological and pre-
pathological states that would be as significant as behavioral 
responses to TTS.
    In general, there are few data on the potential for strong, 
anthropogenic underwater sounds to cause non-auditory physical effects 
in marine mammals. Such effects, if they occur at all, would presumably 
be limited to short distances and to activities that extend over a 
prolonged period. The available data do not allow identification of a 
specific exposure level above which non-auditory effects can be 
expected (Southall et al., 2007). There is no definitive evidence that 
any of these effects occur even for marine mammals in close proximity 
to an anthropogenic sound source. In addition, marine mammals that show 
behavioral avoidance of survey vessels and related sound sources are 
unlikely to incur non-auditory impairment or other physical effects. 
NMFS does not expect that the generally short-term, intermittent, and 
transitory HRG and geotechnical activities would create conditions of 
long-term, continuous noise and chronic acoustic exposure leading to 
long-term physiological stress responses in marine mammals.

[[Page 22262]]

Behavioral Disturbance

    Behavioral disturbance may include a variety of effects, including 
subtle changes in behavior (e.g., minor or brief avoidance of an area 
or changes in vocalizations), more conspicuous changes in similar 
behavioral activities, and more sustained and/or potentially severe 
reactions, such as displacement from or abandonment of high-quality 
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic 
factors (e.g., species, state of maturity, experience, current 
activity, reproductive state, auditory sensitivity, time of day), as 
well as the interplay between factors (e.g., Richardson et al., 1995; 
Wartzok et al., 2003; Southall et al., 2007; Weilgart 2007; Archer et 
al., 2010). Behavioral reactions can vary not only among individuals 
but also within an individual, depending on previous experience with a 
sound source, context, and numerous other factors (Ellison et al., 
2012), and can vary depending on characteristics associated with the 
sound source (e.g., whether it is moving or stationary, number of 
sources, distance from the source). Please see Appendices B-C of 
Southall et al. (2007) for a review of studies involving marine mammal 
behavioral responses to sound.
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. It is important to note that 
habituation is appropriately considered as a ``progressive reduction in 
response to stimuli that are perceived as neither aversive nor 
beneficial,'' rather than as, more generally, moderation in response to 
human disturbance (Bejder et al., 2009). The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. As noted, behavioral state may affect the type of response. 
For example, animals that are resting may show greater behavioral 
change in response to disturbing sound levels than animals that are 
highly motivated to remain in an area for feeding (Richardson et al., 
1995; NRC 2003; Wartzok et al., 2003). Controlled experiments with 
captive marine mammals have shown pronounced behavioral reactions, 
including avoidance of loud sound sources (Ridgway et al., 1997; 
Finneran et al., 2003). Observed responses of wild marine mammals to 
loud pulsed sound sources (typically seismic airguns or acoustic 
harassment devices) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
    Available studies show wide variation in response to underwater 
sound; therefore, it is difficult to predict specifically how any given 
sound in a particular instance might affect marine mammals perceiving 
the signal. If a marine mammal does react briefly to an underwater 
sound by changing its behavior or moving a small distance, the impacts 
of the change are unlikely to be significant to the individual, let 
alone the stock or population. However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder 2007; Weilgart 2007; NRC 2005). 
However, there are broad categories of potential response, which we 
describe in greater detail here, that include alteration of dive 
behavior, alteration of foraging behavior, effects to breathing, 
interference with or alteration of vocalization, avoidance, and flight.
    Changes in dive behavior can vary widely and may consist of 
increased or decreased dive times and surface intervals as well as 
changes in the rates of ascent and descent during a dive (e.g., Frankel 
and Clark, 2000; Costa et al., 2003; Ng and Leung, 2003; Nowacek et 
al.; 2004; Goldbogen et al., 2013a,b). Variations in dive behavior may 
reflect interruptions in biologically significant activities (e.g., 
foraging) or they may be of little biological significance. The impact 
of an alteration to dive behavior resulting from an acoustic exposure 
depends on what the animal is doing at the time of the exposure and the 
type and magnitude of the response.
    Disruption of feeding behavior can be difficult to correlate with 
anthropogenic sound exposure, so it is usually inferred by observed 
displacement from known foraging areas, the appearance of secondary 
indicators (e.g., bubble nets or sediment plumes), or changes in dive 
behavior. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al., 
2007). A determination of whether foraging disruptions incur fitness 
consequences would require information on or estimates of the energetic 
requirements of the affected individuals and the relationship between 
prey availability, foraging effort and success, and the life history 
stage of the animal.
    Variations in respiration naturally vary with different behaviors 
and alterations to breathing rate as a function of acoustic exposure 
can be expected to co-occur with other behavioral reactions, such as a 
flight response or an alteration in diving. However, respiration rates 
in and of themselves may be representative of annoyance or an acute 
stress response. Various studies have shown that respiration rates may 
either be unaffected or could increase, depending on the species and 
signal characteristics, again highlighting the importance in 
understanding species differences in the tolerance of underwater noise 
when determining the potential for impacts resulting from anthropogenic 
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et 
al., 2007).
    Marine mammals vocalize for different purposes and across multiple 
modes, such as whistling, echolocation click production, calling, and 
singing. Changes in vocalization behavior in response to anthropogenic 
noise can occur for any of these modes and may result from a need to 
compete with an increase in background noise or may reflect increased 
vigilance or a startle response. For example, in the presence of 
potentially masking signals, humpback whales and killer whales have 
been observed to increase the length of their songs (Miller et al., 
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales 
have been observed to shift the frequency content of their calls upward 
while reducing the rate of calling in areas of increased anthropogenic 
noise (Parks et al., 2007b). In some cases, animals may cease sound 
production during production of aversive signals (Bowles et al., 1994).
    Avoidance is the displacement of an individual from an area or 
migration path as a result of the presence of a sound or other 
stressors, and is one of the most obvious manifestations of disturbance 
in marine mammals (Richardson et al., 1995). For example, gray whales 
are known to change direction--deflecting from customary migratory 
paths--in order to avoid noise from seismic surveys (Malme et al., 
1984). Avoidance may be short-term, with animals returning to the area 
once the noise has ceased (e.g., Bowles et al., 1994; Goold 1996; Stone 
et al., 2000; Morton and Symonds 2002; Gailey et al., 2007). Longer-
term displacement is

[[Page 22263]]

possible, however, which may lead to changes in abundance or 
distribution patterns of the affected species in the affected region if 
habituation to the presence of the sound does not occur (e.g., 
Blackwell et al., 2004; Bejder et al., 2006; Teilmann et al., 2006).
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus 1996). The result of a flight response could range from brief, 
temporary exertion and displacement from the area where the signal 
provokes flight to, in extreme cases, marine mammal strandings (Evans 
and England 2001). However, it should be noted that response to a 
perceived predator does not necessarily invoke flight (Ford and Reeves 
2008) and whether individuals are solitary or in groups may influence 
the response.
    Behavioral disturbance can also impact marine mammals in more 
subtle ways. Increased vigilance may result in costs related to 
diversion of focus and attention (i.e., when a response consists of 
increased vigilance, it may come at the cost of decreased attention to 
other critical behaviors such as foraging or resting). These effects 
have generally not been demonstrated for marine mammals, but studies 
involving fish and terrestrial animals have shown that increased 
vigilance may substantially reduce feeding rates (e.g., Beauchamp and 
Livoreil 1997; Fritz et al., 2002; Purser and Radford 2011). In 
addition, chronic disturbance can cause population declines through 
reduction of fitness (e.g., decline in body condition) and subsequent 
reduction in reproductive success, survival, or both (e.g., Harrington 
and Veitch 1992; Daan et al., 1996; Bradshaw et al., 1998). However, 
Ridgway et al. (2006) reported that increased vigilance in bottlenose 
dolphins exposed to sound over a five-day period did not cause any 
sleep deprivation or stress effects.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption 
of such functions resulting from reactions to stressors such as sound 
exposure are more likely to be significant if they last more than one 
diel cycle or recur on subsequent days (Southall et al., 2007). 
Consequently, a behavioral response lasting less than one day and not 
recurring on subsequent days is not considered particularly severe 
unless it could directly affect reproduction or survival (Southall et 
al., 2007). Note that there is a difference between multi-day 
substantive behavioral reactions and multi-day anthropogenic 
activities. For example, just because an activity lasts for multiple 
days does not necessarily mean that individual animals are either 
exposed to activity-related stressors for multiple days or, further, 
exposed in a manner resulting in sustained multi-day substantive 
behavioral responses.
    Marine mammals are likely to avoid the HRG survey activity, 
especially the naturally shy harbor porpoise, while the harbor seals 
might be attracted to them out of curiosity. However, because the sub-
bottom profilers and other HRG survey equipment operate from a moving 
vessel, and the maximum radius to the 160 dB harassment threshold is 
less than 500 m, the area and time that this equipment would be 
affecting a given location is very small. Further, once an area has 
been surveyed, it is not likely that it will be surveyed again, 
therefore reducing the likelihood of repeated HRG-related impacts 
within the survey area. And while the drill ship using DP thrusters 
will generally remain stationary during geotechnical survey activities, 
the short duration (up to 75 days) of the DP thruster use would likely 
result in only short-term and temporary avoidance of the area, rather 
than permanent abandonment, by marine mammals.
    We have also considered the potential for severe behavioral 
responses such as stranding and associated indirect injury or mortality 
from DWW's use of HRG survey equipment, on the basis of a 2008 mass 
stranding of approximately one hundred melon-headed whales in a 
Madagascar lagoon system. An investigation of the event indicated that 
use of a high-frequency mapping system (12-kHz multibeam echosounder) 
was the most plausible and likely initial behavioral trigger of the 
event, while providing the caveat that there is no unequivocal and 
easily identifiable single cause (Southall et al., 2013). The 
investigatory panel's conclusion was based on (1) very close temporal 
and spatial association and directed movement of the survey with the 
stranding event; (2) the unusual nature of such an event coupled with 
previously documented apparent behavioral sensitivity of the species to 
other sound types (Southall et al., 2006; Brownell et al., 2009); and 
(3) the fact that all other possible factors considered were determined 
to be unlikely causes. Specifically, regarding survey patterns prior to 
the event and in relation to bathymetry, the vessel transited in a 
north-south direction on the shelf break parallel to the shore, 
ensonifying large areas of deep-water habitat prior to operating 
intermittently in a concentrated area offshore from the stranding site; 
this may have trapped the animals between the sound source and the 
shore, thus driving them towards the lagoon system. The investigatory 
panel systematically excluded or deemed highly unlikely nearly all 
potential reasons for these animals leaving their typical pelagic 
habitat for an area extremely atypical for the species (i.e., a shallow 
lagoon system). Notably, this was the first time that such a system has 
been associated with a stranding event. The panel also noted several 
site- and situation-specific secondary factors that may have 
contributed to the avoidance responses that led to the eventual 
entrapment and mortality of the whales. Specifically, shoreward-
directed surface currents and elevated chlorophyll levels in the area 
preceding the event may have played a role (Southall et al., 2013). The 
report also notes that prior use of a similar system in the general 
area may have sensitized the animals and also concluded that, for 
odontocete cetaceans that hear well in higher frequency ranges where 
ambient noise is typically quite low, high-power active sonars 
operating in this range may be more easily audible and have potential 
effects over larger areas than low frequency systems that have more 
typically been considered in terms of anthropogenic noise impacts. It 
is, however, important to note that the relatively lower output 
frequency, higher output power, and complex nature of the system 
implicated in this event, in context of the other factors noted here, 
likely produced a fairly unusual set of circumstances that indicate 
that such events would likely remain rare and are not necessarily 
relevant to use of lower-power, higher-frequency systems more commonly 
used for HRG survey applications. The risk of similar events recurring 
may be very low, given the extensive use of active acoustic systems 
used for scientific and navigational purposes worldwide on a daily 
basis and the lack of direct evidence of such responses previously 
reported.

 Tolerance

    Numerous studies have shown that underwater sounds from industrial 
activities are often readily detectable by marine mammals in the water 
at distances of many km. However, other

[[Page 22264]]

studies have shown that marine mammals at distances more than a few km 
away often show no apparent response to industrial activities of 
various types (Miller et al., 2005). This is often true even in cases 
when the sounds must be readily audible to the animals based on 
measured received levels and the hearing sensitivity of that mammal 
group. Although various baleen whales, toothed whales, and (less 
frequently) pinnipeds have been shown to react behaviorally to 
underwater sound from sources such as airgun pulses or vessels under 
some conditions, at other times, mammals of all three types have shown 
no overt reactions (e.g., Malme et al., 1986; Richardson et al., 1995; 
Madsen and Mohl 2000; Croll et al., 2001; Jacobs and Terhune 2002; 
Madsen et al., 2002; Miller et al., 2005). In general, pinnipeds seem 
to be more tolerant of exposure to some types of underwater sound than 
are baleen whales. Richardson et al. (1995) found that vessel sound 
does not seem to strongly affect pinnipeds that are already in the 
water. Richardson et al. (1995) went on to explain that seals on haul-
outs sometimes respond strongly to the presence of vessels and at other 
times appear to show considerable tolerance of vessels, and Brueggeman 
et al. (1992) observed ringed seals (Pusa hispida) hauled out on ice 
pans displaying short-term escape reactions when a ship approached 
within 0.16-0.31 mi (0.25-0.5 km). Due to the relatively high vessel 
traffic in the Lease Area it is possible that marine mammals are 
habituated to noise (e.g., DP thrusters) from project vessels in the 
area.

Vessel Strike

    Ship strikes of marine mammals can cause major wounds, which may 
lead to the death of the animal. An animal at the surface could be 
struck directly by a vessel, a surfacing animal could hit the bottom of 
a vessel, or a vessel's propeller could injure an animal just below the 
surface. The severity of injuries typically depends on the size and 
speed of the vessel (Knowlton and Kraus 2001; Laist et al., 2001; 
Vanderlaan and Taggart 2007).
    The most vulnerable marine mammals are those that spend extended 
periods of time at the surface in order to restore oxygen levels within 
their tissues after deep dives (e.g., the sperm whale). In addition, 
some baleen whales, such as the North Atlantic right whale, seem 
generally unresponsive to vessel sound, making them more susceptible to 
vessel collisions (Nowacek et al., 2004). These species are primarily 
large, slow moving whales. Smaller marine mammals (e.g., bottlenose 
dolphin) move quickly through the water column and are often seen 
riding the bow wave of large ships. Marine mammal responses to vessels 
may include avoidance and changes in dive pattern (NRC 2003).
    An examination of all known ship strikes from all shipping sources 
(civilian and military) indicates vessel speed is a principal factor in 
whether a vessel strike results in death (Knowlton and Kraus 2001; 
Laist et al., 2001; Jensen and Silber 2003; Vanderlaan and Taggart 
2007). In assessing records with known vessel speeds, Laist et al. 
(2001) found a direct relationship between the occurrence of a whale 
strike and the speed of the vessel involved in the collision. The 
authors concluded that most deaths occurred when a vessel was traveling 
in excess of 24.1 km/h (14.9 mph; 13 kts). Given the slow vessel speeds 
and predictable course necessary for data acquisition, ship strike is 
unlikely to occur during the geophysical and geotechnical surveys. 
Marine mammals would be able to easily avoid the applicant's vessels 
due to the slow speeds and are likely already habituated to the 
presence of numerous vessels in the area. Further, DWW shall implement 
measures (e.g., vessel speed restrictions and separation distances; see 
Proposed Mitigation Measures) set forth in the BOEM Lease to reduce the 
risk of a vessel strike to marine mammal species in the Lease Area.
    There are no rookeries or mating grounds known to be biologically 
important to marine mammals within the proposed project area. However, 
this area is an important feeding area for fin whales and an important 
migratory route for North Atlantic right whales (Waring et al., 2016). 
There is no designated critical habitat for any ESA-listed marine 
mammals. Critical habitat for North Atlantic right whales is a 
designated habitat that includes portions of Cape Cod Bay and 
Stellwagen Bank, the Great South Channel (each off the coast of 
Massachusetts), and waters adjacent to the coasts of Georgia and the 
east coast of Florida. This critical habitat was revised in 2006 to 
include two foraging areas in the North Pacific Ocean--one in the 
Bering Sea and one in the Gulf of Alaska (71 FR 38277, July 6, 2006); 
however, this is outside of the Project Area.
    NMFS' regulations at 50 CFR part 224 designated the nearshore 
waters of the Mid-Atlantic Bight as the Mid-Atlantic U.S. Seasonal 
Management Area (SMA) for right whales in 2008. Mandatory vessel speed 
restrictions (less than 10 knots) 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.
    Bottom disturbance associated with the proposed survey activities 
may include vibracores, CPTs, and grab sampling to validate the seabed 
classification obtained from the multibeam echosounder/sidescan sonar 
data. Approximately 10 vibracores per day or 8 CPTs per day is 
expected, either one or the other (not both). Impact on marine mammal 
habitat from these activities will be temporary, insignificant, and 
discountable.
    Because of the temporary nature of the disturbance, the 
availability of similar habitat and resources (e.g., prey species) 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.

Estimated Take by Incidental Harassment

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. 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).
    Authorized takes would be by Level A and Level B harassment, in the 
form of disruption of behavioral patterns or PTS for individual marine 
mammals resulting from exposure to HRG and geotechnical surveys. Level 
A harassment is only proposed to be authorized for harbor porpoise, 
harbor seal, and gray seal during the use of the sparker systems. Based 
on the small Level A isopleths (Table 7) for all other sources and 
hearing groups, Level A harassment is not anticipated. The death of a 
marine mammal is also a type of incidental take. However, as described 
previously, no mortality is anticipated or proposed to be authorized 
for this

[[Page 22265]]

activity. Below we describe how the take is estimated for this project.
    Project activities that have the potential to harass marine 
mammals, as defined by the MMPA, include underwater noise from 
operation of the HRG survey sub-bottom profilers and vibracores, and 
noise propagation associated with the use of DP thrusters during 
geotechnical survey activities that require the use of a DP drill ship. 
NMFS anticipates that impacts to marine mammals would be in the form of 
behavioral harassment potential PTS, and no take by serious injury or 
mortality is proposed.
    The basis for the take estimate is the number of marine mammals 
that would be exposed to sound levels in excess of NMFS' Level B 
harassment criteria for impulsive noise (160 dB re 1 [mu]Pa (rms) and 
continuous noise (120 dB re 1 [mu]Pa (rms.)), which is generally 
determined by overlaying the area ensonified above NMFS acoustic 
thresholds for harassment within a day with the density of marine 
mammals, and multiplying by the number of days. NMFS' current acoustic 
thresholds for estimating take are shown in Table 4 below.

                                   Table 4--NMFS's Acoustic Exposure Criteria
----------------------------------------------------------------------------------------------------------------
              Criterion                                Definition                            Threshold
----------------------------------------------------------------------------------------------------------------
Level B harassment (underwater)......  Behavioral disruption.....................  160 dB (impulsive source)/120
                                                                                    dB (continuous source)
                                                                                    (rms).
Level B harassment (airborne)........  Behavioral disruption.....................  90 dB (harbor seals)/100 dB
                                                                                    (other pinnipeds)
                                                                                    (unweighted).
----------------------------------------------------------------------------------------------------------------

    DWW took into consideration sound sources using the potential 
operational parameters, bathymetry, geoacoustic properties of the 
Project Area, time of year, and marine mammal hearing ranges. Results 
of a sound source verification study in a nearby location (xx) showed 
that estimated maximum distance to the 160 dB re 1 [mu]Pa (rms) MMPA 
threshold for all water depths for the HRG survey sub-bottom profilers 
(the HRG survey equipment with the greatest potential for effect on 
marine mammal) was approximately 447 m from the source, which equated 
to a propagation loss coefficient of 20logR (equivalent to spherical 
spreading). The estimated maximum critical distance to the 120 dB re 1 
[mu]Pa (rms) MMPA threshold for all water depths for the vibracore was 
approximately 1,778 from the source using spherical spreading. For 
sparkers and vibracore, we doubled these distances to conservatively 
account for the uncertainty in predicting propagation loss in a similar 
but different location. The estimated maximum critical distance to the 
120 dB re 1 [mu]Pa (rms) MMPA threshold for all water depths for the 
drill ship DP thruster was approximately 500 m from the source based on 
hydroacoustic modeling results (Subacoustech 2016). DWW and NMFS 
believe that these estimates represent the a conservative scenario and 
that the actual distances to the Level B harassment threshold may be 
shorter, as the calculated distance was doubled for the sparker system 
and vibracore, the SL for the sparker system was conservatively based 
on a source that was louder than the equipment proposed for use in this 
project, and there are some sound measurements taken in the Northeast 
that suggest a higher spreading coefficient (which would result in a 
shorter distance) may be applicable.
    DWW estimated species densities within the proposed project area in 
order to estimate the number of marine mammal exposures to sound levels 
above the 120 dB Level B harassment threshold for continuous noise 
(i.e., DP thrusters and vibracore) and the 160 dB Level B harassment 
threshold for intermittent, impulsive noise (i.e., sparkers). Research 
indicates that marine mammals generally have extremely fine auditory 
temporal resolution and can detect each signal separately (e.g., Au et 
al., 1988; Dolphin et al., 1995; Supin and Popov 1995; Mooney et al., 
2009b), especially for species with echolocation capabilities. 
Therefore, it is likely that marine mammals would perceive the acoustic 
signals associated with the HRG survey equipment as being intermittent 
rather than continuous, and we base our takes from these sources on 
exposures to the 160 dB threshold.
    The data used as the basis for estimating cetacean density (``D'') 
for the Lease Area are sightings per unit effort (SPUE) derived by Duke 
University (Roberts et al., 2016). For pinnipeds, the only available 
comprehensive data for seal abundance is the Northeast Navy Operations 
Area (OPAREA) Density Estimates (DoN 2007). SPUE (or, the relative 
abundance of species) 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 (Shoop and Kenney, 1992). The Duke University (Roberts et 
al., 2016) cetacean density data represent models derived from 
aggregating line-transect surveys conducted over 23 years by 5 
institutions (NMFS Northeast Fisheries Science Center (NEFSC), New 
Jersey Department of Environmental Protection (NJDEP), NMFS Southeast 
Fisheries Science Center (SEFSC), University of North Carolina 
Wilmington (UNCW), Virginia Aquarium & Marine Science Center (VAMSC)), 
the results of which are freely available online at the Ocean 
Biogeographic Information System Spatial Ecological Analysis of 
Megavertebrate Populations (OBIS-SEAMAP) repository. The datasets for 
each species were downloaded from OBIS-SEAMAP and were modeled as 
estimated mean year-round abundance (number of individual animals) per 
grid cell (100 km by 100 km) for most species. For certain species, the 
model predicted monthly mean abundance rather than mean year-round 
abundance, for which the annual mean abundance was calculated using 
Spatial Analyst tools in ArcGIS. Based on the annual mean abundance 
datasets, the mean density (animals/km\2\) was calculated in ArcGIS by 
averaging the abundance of animals within the Project Area and dividing 
by 100 to get animals/km\2\. The OPAREA Density Estimates (DoN 2007) 
used for pinniped densities were based on data collected through NMFS 
NWFSC aerial surveys conducted between 1998 and 2005.
    The Zone of influence (ZOI) is the extent of the ensonified zone in 
a given day. The ZOI was calculated using the following equations:

 Stationary source (e.g. DP thruster and vibracore): [pi]r\2\
 Mobile source (e.g. sparkers): (distance/day * 2r) + [pi]r\2\

    Where distance is the maximum survey trackline per day (110 km) and 
r is the distance to the 160 dB (for impulsive sources) and 120 dB (for 
non-impulsive sources) isopleths. The isopleths for sparkers and 
vibracores were calculated using spherical spreading, and the resulting 
isopleths were doubled as a conservative measure. The isopleths for the 
DP thruster was calculated using a

[[Page 22266]]

transmission loss coefficient of 11.12, which was based on field 
verification study results (Subacoustech 2016).
    Estimated takes were calculated by multiplying the species density 
(animals per km\2\) by the appropriate ZOI, multiplied by the number of 
appropriate days (e.g. 168 for HRG activities or 75 days for 
geotechnical activities) of the specified activity. A detailed 
description of the acoustic modeling used to calculate zones of 
influence is provided in DWW's IHA application (also see the discussion 
in the Mitigation section below).
    DWW used a distance to the 160 dB Level B threshold of 447 m, which 
was doubled to be conservative, for a maximum distance of 894 m for the 
sparker system. The ZOI of 199.048 km\2\ for the sparker system and the 
survey period of a conservative 168 days, which includes estimated 
weather downtime, was used to estimate take from use of the HRG survey 
equipment during geophysical survey activities. The ZOI is based on the 
worst case (since it assumes the higher powered Dura-Spark 240 System 
sparker will be operating all the time) and a maximum survey trackline 
of 110 km (68 mi) per day. The resulting take estimates (rounded to the 
nearest whole number) are presented in Table 5.
    DWW used a maximum distance to the 120 dB Level B threshold of 499 
m for DP thrusters. The ZOI of 0.782 km\2\ and the maximum DP thruster 
use period of 75 days were used to estimate take from use of the DP 
thruster during geotechnical survey activities.
    DWW used a distance to the 120 dB Level B zone of 1,778 m, which 
was doubled to be conservative, for a maximum distance of 3,556 m for 
vibracore. The ZOI of 39.738 km\2\ and a maximum vibracore use period 
of 75 days were used to estimate take from use of the vibracore during 
geotechnical survey activities. The resulting take estimates (rounded 
to the nearest whole number) based upon these conservative assumptions 
are presented in Table 5.

              Table 5--Estimated Level B Harassment Takes for HRG and Geophysical Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                               Applied acoustics
                                                   HPC or                       100-1,000 joule    Total number
          Equipment                Density       Rossfelder      DP thruster    Dura-Spark  240      of takes
                                                    Corer                            system
----------------------------------------------------------------------------------------------------------------
Sound Source (dB)              ..............             185             150          213 dBrms  ..............
Number of Activity Days        ..............              75              75                168  ..............
Threshold                      ..............      RMS 120 dB      RMS 120 dB         RMS 160 dB  ..............
                                              ---------------------------------------------------
Species Common Name                              Level B Take Estimate (multiplied by number of   ..............
                                                                     days)
----------------------------------------------------------------------------------------------------------------
                                    Odontoceti (Toothed Whales and Dolphins)
----------------------------------------------------------------------------------------------------------------
Sperm whale..................      0.00007657               0               0                  3               3
Dwarf sperm whale............             0.0               0               0                  0               0
Pygmy sperm whale............             0.0               0               0                  0               0
Killer Whale.................               0               0               0                  0               0
Pygmy killer whale...........      0.00000895               0               0                  0               0
False killer whale...........               0               0               0                  3               3
Northern bottlenose whale....      0.00007786               0               0                  0               0
Cuvier's beaked whale........      0.00018441               1               0                  6               7
Mesoplodon beaked whales                    0               0               0                  0               0
 (True's, Gervais',
 Blainville's, and Sowerby's
 beaked whales)..............
Melon-headed whale...........               0               0               0                  0               0
                                            0
Risso's dolphin..............      0.00000221               0               0                  0               0
Long-finned pilot whale......      0.00149747               4               0                 50              54
Short-finned pilot whale.....               0               0               0                  0               0
Atlantic white-sided dolphin.      0.01444053              43               1                483             527
White-beaked dolphin.........      0.00008411               0               0                  3               3
Short-beaked common dolphin..      0.04027238             120               2              1,347  ..............
Atlantic spotted dolphin.....      0.00006577               0               0                  2               2
Pantropical spotted dolphin..               0               0               0                  0               0
Striped dolphin..............      0.00003174               0               0                  1               1
Fraser's dolphin.............               0               0               0                  0               0
Rough toothed dolphin........               0               0               0                  0               0
Clymene dolphin..............               0               0               0                  0               0
Spinner dolphin..............               0               0               0                  0               0
Common bottlenose dolphin....       0.0115608              34               1                387              42
Harbor Porpoise..............      0.03340904             100               2              1,117           1,219
----------------------------------------------------------------------------------------------------------------
                                            Mysticeti (Baleen Whales)
----------------------------------------------------------------------------------------------------------------
Fin whale....................      0.00207529               6               0                 69              75
Sei whale....................      0.00008766               0               0                  3               3
Minke whale..................      0.00046292               1               0                 15              16
Blue whale...................      0.00000918               0               0                  0               0
Humpback whale...............       0.0014806               4               0                 50              54
North Atlantic right whale...      0.00295075               9               0                 99             108
----------------------------------------------------------------------------------------------------------------
                                                 Phocids (Seals)
----------------------------------------------------------------------------------------------------------------
Harbor seal..................     0.313166136             933              18             10,472          11,423

[[Page 22267]]

 
Gray seal....................     0.036336364             108               2              1,215           1,325
----------------------------------------------------------------------------------------------------------------

    DWW's requested take numbers are provided in Tables 7 and are also 
the number of takes NMFS is proposing to authorize. DWW'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 7 are the maximum number of animals that may be 
harassed during the HRG and geotechnical surveys (i.e., DWW assumes 
that each exposure event is a different animal). These estimates do not 
account for prescribed mitigation measures that DWW would implement 
during the specified activities and the fact that shutdown/powerdown 
procedures shall be implemented if an animal enters within 200 m of the 
vessel during any activity, and within 400 m when the sparkers are 
operating, further reducing the potential for any takes to occur during 
these activities.
    DWW used NMFS' Guidance (NMFS 2016) to determine sound exposure 
thresholds to determine when an activity that produces sound might 
result in impacts to a marine mammal such that a take by injury, in the 
form of PTS, might occur. The functional hearing groups and the 
associated PTS onset acoustic thresholds are indicated in Table 6 
below.

          Table 6--Summary of PTS Onset Acoustic Thresholds \1\
------------------------------------------------------------------------
                               PTS onset acoustic thresholds * (received
                                                level)
        Hearing group        -------------------------------------------
                                    Impulsive           Non-impulsive
------------------------------------------------------------------------
Low-frequency cetaceans.....  Cell 1: Lpk,flat:     Cell 2: LE,LF,24h:
                               219 dB; LE,LF,24h:    199 dB.
                               183 dB.
Mid-frequency cetaceans.....  Cell 3: Lpk,flat:     Cell 4: LE,MF,24h:
                               230 dB; LE,MF,24h:    198 dB.
                               185 dB.
High-frequency cetaceans....  Cell 5: Lpk,flat:     Cell 6: LE,HF,24h:
                               202 dB; LE,HF,24h:    173 dB.
                               155 dB.
Phocid Pinnipeds              Cell 7: Lpk,flat:     Cell 8: LE,PW,24h:
 (underwaters).                218 dB; LE,PW,24h:    201 dB.
                               185 dB.
Otariid Pinnipeds             Cell 9: Lpk,flat:     Cell 10: LE,OW,24h:
 (underwater).                 232 dB; LE,OW,24h:    219 dB.
                               203 dB.
------------------------------------------------------------------------
\1\ NMFS 2016.
* Dual metric acoustic thresholds for impulsive sounds: Use whichever
  results in the largest isopleth for calculating PTS onset. If a non-
  impulsive sound has the potential of exceeding the peak sound pressure
  level thresholds associated with impulsive sounds, these thresholds
  should also be considered.

    DWW used the user spreadsheet to calculate the isopleth for the 
loudest sources (sparker, vibracore, DP thruster). The sparker was 
calculated with the following conditions: Source level of 186 dB SEL, 
source velocity of 1.93 meters per second (m/s), repetition rate of 
2.48, and a weighting factor adjustment of 1.2 and 2.75 based on the 
appropriate broadband source. Isopleths were less than 1 m for all 
hearing groups (Table 7) except high-frequency cetaceans, which was 
5.12 m. Level A takes are only requested for harbor porpoise, harbor 
seal, and gray seal (Table 8). The vibracore used the following 
parameters: Source level of 185 rms, distance of source level 
measurement at 1 m, duration of 1 hour, propagation loss of 20, and 
weighting factor adjustment of 1.7, 6.2, and 20 based on the 
spectrograms for this equipment. Isopleths are summarized in Table 7 
and no Level A takes are requested during the use of the vibracore 
(Table 8). The DP thruster was defined as non-impulsive static 
continuous source with a source level of 150 dB rms, Propagation loss 
of 11.12 based on the spectrograms for this equipment (Subacoustech 
2016), an activity duration of 1 and 3 hours and weighting factor 
adjustment of 1.7 and 5. Isopleths were less than 3 m for all hearing 
groups (Table 7); therefore, no Level A takes were requested for this 
source (Table 8).

[[Page 22268]]



                                                 Table 7--Maximum Worst-Case Distance (m) and Area (km\2\) to the Level A and Level B Thresholds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hearing                             SELcum  Equipment........       Vibracore operations: HP Cor Rossfelder Corer
group                            threshold
                                      (dB)
                                         DP thruster           800 Joule........  Sparker..........
                                                               geo..............  system...........
                                                               resources........
                                                               sparker..........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Source PLS.......                         185 dB RMS
                                          150 dB RMS           186 dB SEL.......  186 dB SEL.......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Level A
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Threshold  WFA*.............  1.7..............  6.2..............  20...............  1.7..............  5................  2.75............  1.2
                                            (kHz)............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Low-Frequency Cetaceans.......         199  PTS Isopleth to    11.97 m, 0 km\2\.  .................  .................  0.06 m, 0 km\2\..  .................  1.29 m, 0.283     1.30 m, 0.287
                                             threshold                                                                                                         km\2\.            km\2\.
                                             (meters).
Mid-Frequency Cetaceans.......         198                     .................  .................  12.96 m, 0.001     .................  0.03 m, 0 km\2\..  0.02 m, 0.005     ................
                                                                                                      km\2\.                                                   km\2\.
High-Frequency Cetaceans......         173                     .................  .................  207.58 m, 0.135    .................  2.17 m, 0 km\2\..  5.12 m, 1.127     ................
                                                                                                      km\2\.                                                   km\2\.
Phocid Pinnipeds..............         201                     .................  9.51 m, 0 km\2\    .................  .................  0.11 m, 0 km\2\..  0.65 m, 0.144     ................
                                                                                                                                                               km\2\.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Level B
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Threshold  Source PLS.......                         185 dB RMS
                                          150 dB RMS           213 dB RMS.......  213 dB RMS,......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All Marine Mammals............         120  Level B                              3,556 m, 39.74 km\2\
                                             Harassment
                                             Distance.
                                      499 m, 0.78 km\2\
                                                              -----------------------------------------------------------------------------------------------
                                       160
                                                               893 m, 199.0481    893 m, 199.0481
                                                                km\2\.             km\2\..
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Weighting Factor Adjustment.

    Estimated Level A takes for all geophysical and geotechnical 
activities are summarized in Table 8 below.

                                  Table 8--Estimated Level A Harassment Takes for HRG and Geophysical Survey Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Equipment                                                                 Density
                                                                   (animal/km\2\)      HPC or Rossfelder Corer
                                                                          DP thruster         Applied
                                                                                              acoustic
                                                                                               s 100-
                                                                                                1,000
                                                                                                joule
                                                                                                Dura-
                                                                                                Spark
                                                                                                  240
                                                                                               system
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sound Source (dB)                                                                                185
                                                                              150                 186
                                                                                                dBSEL
------------------------------------------------------------------                 ---------------------------------------------------------------------
Weighting Factor Adjustment (kHz)                                                       1.7       6.2        20       1.7         5                2.75
------------------------------------------------------------------                 ---------------------------------------------------------------------
Number of Activity Days                                                                          75
                                                                               75                 168
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Common Name                                                                  Take Estimate (multiplied by number of days and rounded to a whole
                                                                                                                   number)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Porpoise..................................................      0.03340904   ........  ........        0   ........        0                   6
Harbor seal......................................................     0.313166136   ........        0   ........  ........        0                   8
Gray seal........................................................     0.036336364   ........        0   ........  ........        0                   1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Proposed Mitigation

    Under section 101(a)(5)(D) of the MMPA, NMFS shall prescribe the 
permissible methods of taking by harassment 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 subsistence uses.
    To ensure that the ``least practicable adverse impact'' will be 
achieved, NMFS evaluates mitigation measures in 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(s) is 
expected to reduce impacts to marine mammals, marine mammal species or 
stocks, their habitat, and their availability for subsistence uses 
(latter where relevant); the proven or likely efficacy of the measures; 
and the practicability of the measures for applicant implementation.

Proposed Mitigation Measures

    With NMFS' input during the application process, and as per the 
BOEM Lease, DWW is proposing the following mitigation measures during 
site characterization surveys utilizing HRG survey equipment and use of 
the DP thruster and vibracore. The mitigation measures outlined in this 
section are based on protocols and procedures that have been 
successfully

[[Page 22269]]

implemented and resulted in no observed take of marine mammals for 
similar offshore projects and previously approved by NMFS (ESS 2013; 
Dominion 2013 and 2014).

Marine Mammal Exclusion Zones

    Protected species observers (PSOs) will monitor the following 
exclusion/monitoring zones for the presence of marine mammals:
     A 200-m exclusion zone during all geophysical and 
geotechnical operations
     A 400-m exclusion zone during the use of sparkers.
    These exclusion zones are exclusion zone specified in stipulations 
of the OCS-A 0486 Lease Agreement.

Visual Monitoring

    Visual monitoring of the established exclusion zone(s) s will be 
performed by qualified and NMFS-approved PSOs, the resumes of whom will 
be provided to NMFS for review and approval prior to the start of 
survey activities. Observer qualifications will include direct field 
experience on a marine mammal observation vessel and/or aerial surveys 
in the Atlantic Ocean/Gulf of Mexico. An observer team comprising a 
minimum of four NMFS-approved PSOs and two certified Passive Acoustic 
Monitoring (PAM) operators (PAM operators will not function as PSOs), 
operating in shifts, will be stationed aboard the survey vessel. PSOs 
and PAM operators will work in shifts such that no one monitor will 
work more than 4 consecutive hours without a 2-hour break or longer 
than 12 hours during any 24-hour period. Each PSO will monitor 360 
degrees of the field of vision.
    PSOs will be responsible for visually monitoring and identifying 
marine mammals approaching or within the established exclusion zone(s) 
during survey activities. It will be the responsibility of the Lead PSO 
on duty to communicate the presence of marine mammals as well as to 
communicate and enforce the action(s) that are necessary to ensure 
mitigation and monitoring requirements are implemented as appropriate. 
PAM operators will communicate detected vocalizations to the Lead PSO 
on duty, who will then be responsible for implementing the necessary 
mitigation procedures.
    PSOs will be equipped with binoculars and have the ability to 
estimate distances to marine mammals located in proximity to the vessel 
and/or exclusion zone using range finders. Reticulated binoculars will 
also be available to PSOs for use as appropriate based on conditions 
and visibility to support the siting and monitoring of marine species. 
During night operations, PAM (see Passive Acoustic Monitoring 
requirements below) and night-vision equipment in combination with 
infrared technology will be used. Position data will be recorded using 
hand-held or vessel global positioning system (GPS) units for each 
sighting.
    The PSOs will begin observation of the exclusion zone(s) at least 
60 minutes prior to ramp-up of HRG survey equipment. Use of noise-
producing equipment will not begin until the exclusion zone is clear of 
all marine mammals for at least 60 minutes, as per the requirements of 
the BOEM Lease.
    If a marine mammal is detected approaching or entering the 200-m or 
400-m exclusion zones, the vessel operator would adhere to the shutdown 
(during HRG survey) or powerdown (during DP thruster use) procedures 
described below to minimize noise impacts on the animals.
    At all times, the vessel operator will maintain a separation 
distance of 500 m from any sighted North Atlantic right whale as 
stipulated in the Vessel Strike Avoidance procedures described below. 
These stated requirements will be included in the site-specific 
training to be provided to the survey team.

Passive Acoustic Monitoring

    As per the BOEM Lease, alternative monitoring technologies (e.g., 
active or passive acoustic monitoring) are required if a Lessee intends 
to conduct geophysical surveys at night or when visual observation is 
otherwise impaired. To support 24-hour HRG survey operations, DWW will 
include PAM as part of the project monitoring during nighttime 
operations to provide for optimal acquisition of species detections at 
night.
    Given the range of species that could occur in the Project Area, 
the PAM system will consist of an array of hydrophones with both 
broadband (sampling mid-range frequencies of 2 kHz to 200 kHz) and at 
least one low-frequency hydrophone (sampling range frequencies of 75 Hz 
to 30 kHz). The PAM operator(s) will monitor the hydrophone signals for 
detection of marine mammals in real time both aurally (using 
headphones) and visually (via the monitor screen displays). PAM 
operators will communicate detections to the Lead PSO on duty who will 
ensure the implementation of the appropriate mitigation measure.

 Vessel Strike Avoidance

    DWW will ensure that vessel operators and crew maintain a vigilant 
watch for cetaceans and pinnipeds and slow down or stop their vessels 
to avoid striking these species. Survey vessel crew members responsible 
for navigation duties will receive site-specific training on marine 
mammal sighting/reporting and vessel strike avoidance measures. Vessel 
strike avoidance measures will include the following, except under 
extraordinary circumstances when complying with these requirements 
would put the safety of the vessel or crew at risk:
     All vessel operators will comply with 10 knot (<18.5 km 
per hour [km/h]) speed restrictions in any Dynamic Management Area 
(DMA).
     All survey vessels will maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines will not be engaged until the North Atlantic 
right whale has moved outside of the vessel's path and beyond 100 m. If 
stationary, the vessel must not engage engines until the North Atlantic 
right whale has moved beyond 100 m.
     All vessels will maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid (i.e., mysticetes and sperm 
whales) cetaceans. If sighted, the vessel underway must reduce speed 
and shift the engine to neutral and must not engage the engines until 
the non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel will not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels will maintain a separation distance of 50 m or 
greater from any sighted delphinoid cetacean. Any vessel underway will 
remain parallel to a sighted delphinoid cetacean's course whenever 
possible and avoid excessive speed or abrupt changes in direction. Any 
vessel underway reduces vessel speed to 10 knots or less when pods 
(including mother/calf pairs) or large assemblages of delphinoid 
cetaceans are observed. Vessels may not adjust course and speed until 
the delphinoid cetaceans have moved beyond 50 m and/or abeam (i.e., 
moving away and at a right angle to the centerline of the vessel) of 
the underway vessel.

[[Page 22270]]

     All vessels will maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    The training program will be provided to NMFS for review and 
approval prior to the start of surveys. Confirmation of the training 
and understanding of the requirements will be documented on a training 
course log sheet. Signing the log sheet will certify that the crew 
members understand and will comply with the necessary requirements 
throughout the survey event.

 Seasonal Operating Requirements

    Between watch shifts, members of the monitoring team will consult 
the NMFS North Atlantic right whale reporting systems for the presence 
of North Atlantic right whales throughout survey operations. The 
proposed survey activities will, however, occur outside of the seasonal 
management area (SMA) located off the coasts of Delaware and New 
Jersey. The proposed survey activities will also occur in June/July and 
September, which is outside of the seasonal mandatory speed restriction 
period for this SMA (November 1 through April 30).
    Throughout all survey operations, DWW will monitor the NMFS North 
Atlantic right whale reporting systems for the establishment of a DMA. 
If NMFS should establish a DMA in the Lease Area under survey, within 
24 hours of the establishment of the DMA, DWW will work with NMFS to 
shut down and/or alter the survey activities to avoid the DMA.

 Ramp-Up

    As per the BOEM Lease, a ramp-up procedure will be used for HRG 
survey equipment capable of adjusting energy levels at the start or re-
start of HRG survey activities. A ramp-up procedure will be used at the 
beginning of HRG survey activities in order to provide additional 
protection to marine mammals near the Project Area by allowing them to 
vacate the area prior to the commencement of survey equipment use. The 
ramp-up procedure will not be initiated during daytime, nighttime, or 
periods of inclement weather if the exclusion zone cannot be adequately 
monitored by the PSOs using the appropriate visual technology (e.g., 
reticulated binoculars, night vision equipment) and/or PAM for a 60-
minute period. A ramp-up would begin with the power of the smallest 
acoustic HRG equipment at its lowest practical power output appropriate 
for the survey. The power would then be gradually turned up and other 
acoustic sources added such that the source level would increase in 
steps not exceeding 6 dB per 5-minute period. If marine mammals are 
detected within the HRG survey exclusion zone prior to or during the 
ramp-up, activities will be delayed until the animal(s) has moved 
outside the monitoring zone and no marine mammals are detected for a 
period of 60 minutes.
    The DP vessel thrusters will be engaged from the time the vessel 
leaves the dock to support the safe operation of the vessel and crew 
while conducting geotechnical survey activities and require use as 
necessary. Therefore, there is no opportunity to engage in a ramp-up 
procedure.

 Shutdown and Powerdown

    HRG Survey--The exclusion zone(s) around the noise-producing 
activities (HRG and geotechnical survey equipment) will be monitored, 
as previously described, by PSOs and at night by PAM operators for the 
presence of marine mammals before, during, and after any noise-
producing activity. The vessel operator must comply immediately with 
any call for shutdown by the Lead PSO. Any disagreement should be 
discussed only after shutdown.
    As per the BOEM Lease, if a non-delphinoid (i.e., mysticetes and 
sperm whales) cetacean is detected at or within the established 
exclusion zone (200-m exclusion zone during HRG surveys; 400-m 
exclusion zone during the operation of the sparker), an immediate 
shutdown of the survey equipment is required. Subsequent restart of the 
survey equipment must use the ramp-up procedures described above and 
may only occur following clearance of the exclusion zone for 60 
minutes.
    As per the BOEM Lease, if a delphinoid cetacean or pinniped is 
detected at or within the exclusion zone, the HRG survey equipment 
(including the sub-bottom profiler) must be powered down to the lowest 
power output that is technically feasible. Subsequent power up of the 
survey equipment must use the ramp-up procedures described above and 
may occur after (1) the exclusion zone is clear of a delphinoid 
cetacean and/or pinniped for 60 minutes or (2) a determination by the 
PSO after a minimum of 10 minutes of observation that the delphinoid 
cetacean or pinniped is approaching the vessel or towed equipment at a 
speed and vector that indicates voluntary approach to bow-ride or chase 
towed equipment.
    If the HRG sound source (including the sub-bottom profiler) shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment 
(including the sub-bottom profiler) is required using the full ramp-up 
procedures and clearance of the exclusion zone of all cetaceans and 
pinnipeds for 60 minutes. If the pause is less than 20 minutes, the 
equipment may be restarted as soon as practicable at its operational 
level as long as visual surveys were continued diligently throughout 
the silent period and the exclusion zone remained clear of cetaceans 
and pinnipeds. If the visual surveys were not continued diligently 
during the pause of 20 minutes or less, a restart of the HRG survey 
equipment (including the sub-bottom profiler) is required using the 
full ramp-up procedures and clearance of the exclusion zone for all 
cetaceans and pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities, a constant position over the drill, coring, or CPT site 
must be maintained to ensure the integrity of the survey equipment. 
During DP vessel operations if marine mammals enter or approach the 
established exclusion zone, DWW proposes to reduce DP thruster to the 
maximum extent possible, except under circumstances when ceasing DP 
thruster use would compromise safety (both human health and 
environmental) and/or the integrity of the Project. Reducing thruster 
energy will effectively reduce the potential for exposure of marine 
mammals to sound energy. Normal use may resume when PSOs report that 
the monitoring zone has remained clear of marine mammals for a minimum 
of 60 minutes since last the sighting.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    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 
incidental take authorizations (ITAs) must include the suggested means 
of accomplishing the necessary monitoring and reporting that

[[Page 22271]]

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. Effective reporting is critical 
both to compliance as well as ensuring that the most value is obtained 
from the required monitoring.
    Monitoring measures prescribed by NMFS should contribute to 
improved understanding of one or more of the following general goals:
     Occurrence of marine mammal species or stocks in the 
action area (e.g., presence, abundance, distribution, density).
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas).
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors.
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks.
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat).
     Mitigation and monitoring effectiveness.

Proposed Monitoring Measures

    DWW submitted marine mammal monitoring and reporting measures as 
part of the IHA application. These measures may be modified or 
supplemented based on comments or new information received from the 
public during the public comment period.
    Visual Monitoring--Visual monitoring of the established Level B 
harassment zones (200-m radius during all HRG and geotechnical surveys 
(note that this is the same as the mitigation exclusion/shutdown zones 
established for HRG and geotechnical survey sound sources); 400-m 
radius during use of the sparker system (note that this is the same as 
the exclusion zone established for sparker use) will be performed by 
qualified and NMFS-approved PSOs (see discussion of PSO qualifications 
and requirements in Marine Mammal Exclusion Zones above).
    The PSOs will begin observation of the monitoring zone during all 
HRG survey activities and all geotechnical operations where DP 
thrusters are employed. Observations of the monitoring zone will 
continue throughout the survey activity and/or while DP thrusters are 
in use. PSOs will be responsible for visually monitoring and 
identifying marine mammals approaching or entering the established 
monitoring zone during survey activities.
    Observations will take place from the highest available vantage 
point on the survey vessel. General 360-degree scanning will occur 
during the monitoring periods, and target scanning by the PSO will 
occur when alerted of a marine mammal presence.
    Data on all PSO observations will be recorded based on standard PSO 
collection requirements. This will include dates and locations of 
construction operations; time of observation, location and weather; 
details of the sightings (e.g., species, age classification (if known), 
numbers, behavior); and details of any observed ``taking'' (behavioral 
disturbances or injury/mortality). The data sheet will be provided to 
both NMFS and BOEM for review and approval prior to the start of survey 
activities. In addition, prior to initiation of survey work, all crew 
members will undergo environmental training, a component of which will 
focus on the procedures for sighting and protection of marine mammals. 
A briefing will also be conducted between the survey supervisors and 
crews, the PSOs, and DWW. The purpose of the briefing will be to 
establish responsibilities of each party, define the chains of command, 
discuss communication procedures, provide an overview of monitoring 
purposes, and review operational procedures.
    Acoustic Field Verification--As per the requirements of the BOEM 
Lease, field verification of the exclusion/monitoring zones will be 
conducted to determine whether the proposed zones correspond accurately 
to the relevant isopleths and are adequate to minimize impacts to 
marine mammals. The details of the field verification strategy will be 
provided in a Field Verification Plan no later than 45 days prior to 
the commencement of field verification activities.
    DWW must conduct field verification of the exclusion zone (the 160 
dB isopleth) for HRG survey equipment and the exclusion zone (the 120 
dB isopleth) for DP thruster use for all equipment operating below 200 
kHz. DWW must take acoustic measurements at a minimum of two reference 
locations and in a manner that is sufficient to establish source level 
(peak at 1 meter) and distance to the 160 dB isopleths (the B 
harassment zones for HRG surveys) and 120 dB isopleth (the Level B 
harassment zone) for DP thruster use. Sound measurements must be taken 
at the reference locations at two depths (i.e., a depth at mid-water 
and a depth at approximately 1 meter (3.28 ft) above the seafloor).
    DWW may use the results from its field-verification efforts to 
request modification of the exclusion/monitoring zones for the HRG or 
geotechnical surveys. Any new exclusion/monitoring zone radius proposed 
by DWW must be based on the most conservative measurements (i.e., the 
largest safety zone configuration) of the target Level A or Level B 
harassment acoustic threshold zones. The modified zone must be used for 
all subsequent use of field-verified equipment. DWW must obtain 
approval from NMFS and BOEM of any new exclusion/monitoring zone before 
it may be implemented, and the IHA shall be modified accordingly.

Proposed Reporting Measures

    DWW will provide the following reports as necessary during survey 
activities:
     The Applicant will contact NMFS and BOEM within 24 hours 
of the commencement of survey activities and again within 24 hours of 
the completion of the activity.
     As per the BOEM Lease: Any observed significant behavioral 
reactions (e.g., animals departing the area) or injury or mortality to 
any marine mammals must be reported to NMFS and BOEM within 24 hours of 
observation. Dead or injured protected species are reported to the NMFS 
Greater Atlantic Regional Fisheries Office (GARFO) Stranding Hotline 
(800-900-3622) within 24 hours of sighting, regardless of whether the 
injury is caused by a vessel. In addition, if the injury of death was 
caused by a collision with a project related vessel, DWW must ensure 
that NMFS and BOEM are notified of the strike within 24 hours. DWW must 
use the form included as Appendix A to Addendum C of the Lease to 
report the sighting or incident. Additional reporting requirements for 
injured or dead animals are described below (Notification of Injured or 
Dead Marine Mammals).
     Notification of Injured or Dead Marine Mammals--In the 
unanticipated

[[Page 22272]]

event that the specified HRG and geotechnical activities lead to an 
injury of a marine mammal (Level A harassment) or mortality (e.g., 
ship-strike, gear interaction, and/or entanglement), DWW would 
immediately cease the specified activities and report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources and the NOAA GARFO Stranding Coordinator. The report would 
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).
    Activities would not resume until NMFS is able to review the 
circumstances of the event. NMFS would work with DWW to minimize 
reoccurrence of such an event in the future. DWW would not resume 
activities until notified by NMFS.
    In the event that DWW discovers an injured or dead marine mammal 
and 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), DWW would immediately report the incident to the Chief 
of the Permits and Conservation Division, Office of Protected Resources 
and the GARFO Stranding Coordinator. The report would include the same 
information identified in the paragraph above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with DWW to determine if modifications in the activities are 
appropriate.
    In the event that DWW discovers an injured or dead marine mammal 
and determines that the injury or death is not associated with or 
related to the activities authorized in the IHA (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, or 
scavenger damage), DWW would report the incident to the Chief of the 
Permits and Conservation Division, Office of Protected Resources, and 
the GARFO Regional Stranding Coordinator, within 24 hours of the 
discovery. DWW would provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS. DWW can continue its operations under such a case.
     Within 90 days after completion of the marine site 
characterization survey activities, a technical report will be provided 
to NMFS and BOEM that fully documents the methods and monitoring 
protocols, summarizes the data recorded during monitoring, estimates 
the number of marine mammals that may have been taken during survey 
activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
must be addressed in the final report prior to acceptance by NMFS.
     In addition to the Applicant's reporting requirements 
outlined above, DWW will provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This will be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.

Negligible Impact Analysis and Determinations

    NMFS has defined negligible impact 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. 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 takes, alone, is not enough information on 
which to base an impact determination. In addition to considering the 
authorized number of marine mammals that might be ``taken'' through 
harassment, NMFS considers other factors, such as the likely nature of 
any responses (e.g., intensity, duration), the context of any responses 
(e.g., critical reproductive time or location, migration, etc.), as 
well as effects on habitat, the status of the affected stocks, and the 
likely effectiveness of the mitigation. Consistent with the 1989 
preamble for the NMFS implementing regulations (54 FR 40338; September 
29, 1989), the impacts from other past and ongoing anthropogenic 
activities are incorporated into these analyses via their impacts on 
the environmental baseline (e.g., as reflected in the regulatory status 
of the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    As discussed in the Potential Effects section, PTS, masking, non-
auditory physical effects, and vessel strike are not expected to occur. 
Further, once an area has been surveyed, it is not likely that it will 
be surveyed again, thereby reducing the likelihood of repeated impacts 
within the project area.
    Potential impacts to marine mammal habitat were discussed 
previously in this document (see the Potential Effects of the Specified 
Activity on Marine Mammals and their Habitat section). Marine mammal 
habitat may be impacted by elevated sound levels and some sediment 
disturbance, but these impacts would be temporary. Feeding behavior is 
less likely to be significantly impacted, as marine mammals appear to 
be less likely to exhibit behavioral reactions or avoidance responses 
while engaged in feeding activities (Richardson et al., 1995). 
Additionally, prey species are mobile and are broadly distributed 
throughout the Project Area; therefore, marine mammals that may be 
temporarily displaced during survey activities are expected to be able 
to resume foraging once they have moved away from areas with disturbing 
levels of underwater noise. Because of the temporary nature of the 
disturbance, and the availability of similar habitat and resources in 
the surrounding area, 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. Furthermore, there are no rookeries or mating grounds 
known to be biologically important to marine mammals within the 
proposed project area. A biologically important feeding area for fin 
whales East of Montauk Point (from March to October) and a biologically 
important migratory route effective March-April and November-December 
for North Atlantic right whale, occur near the Project Area (LaBrecque, 
et al., 2015). However, there is only a small temporal overlap between 
the migratory biologically important area (BIA) and the proposed survey 
activities in November and December.
    ESA-listed species for which takes are proposed are North Atlantic 
right, sperm, sei and fin whales. Recent estimates of abundance 
indicate a potential declining right whale

[[Page 22273]]

population; however, this may also be due to low sighting rates in 
areas where right whales were present in previous years, due to a shift 
in habitat use patterns (Waring et al., 2016). There are currently 
insufficient data to determine population trends for fin whale, sei 
whale, and sperm whale (Waring et al., 2015). There is no designated 
critical habitat for any ESA-listed marine mammals within the Project 
Area, and most of the stocks for non-listed species proposed to be 
taken are not considered depleted or strategic by NMFS under the MMPA. 
Of the two non-listed species that are considered strategic for which 
take is requested (false killer whale and long-finned pilot whale), 
take is less than one percent of the entire populations; therefore, the 
proposed site characterization surveys will not have population-level 
effects, and we do not expect them to impact annual rates of 
recruitment or survival.
    The proposed 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 HRG survey equipment reaches full 
energy; (2) reducing the intensity of exposure within a certain 
distance by reducing the DP thruster power; and (3) preventing animals 
from being exposed to sound levels that may cause injury. Additional 
vessel strike avoidance requirements will further mitigate potential 
impacts to marine mammals during vessel transit to and within the Study 
Area.
    DWW did not request, and NMFS is not proposing, take of marine 
mammals by serious injury or mortality. NMFS expects that most takes 
would be in the form of a very small number of potential PTS takes, 
which would be expected to be of a small degree, and short-term Level B 
behavioral harassment in the form of brief startling reaction and/or 
temporary avoidance of the area or decreased foraging (if such activity 
were occurring)--reactions that are considered to be of low severity 
and with no lasting biological consequences (e.g., Southall et al., 
2007). This is largely due to the short time scale of the proposed 
activities, the low source levels and intermittent nature of many of 
the technologies proposed to be used, as well as the required 
mitigation.
    NMFS concludes that exposures to marine mammal species and stocks 
due to DWW's HRG and geotechnical survey activities would result in 
only short-term and relatively infrequent effects to individuals 
exposed and not of the type or severity that would be expected to be 
additive for the small portion of the stocks and species likely to be 
exposed. NMFS does not anticipate the proposed take estimates to impact 
annual rates of recruitment or survival, because although animals may 
temporarily avoid the immediate area, they are not expected to 
permanently abandon the area. Additionally, major shifts in habitat 
use, distribution, or foraging success, are not expected.
    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 preliminarily finds that the total marine 
mammal take from the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of the relevant 
species or stock size in our determination of whether an authorization 
is limited to small numbers of marine mammals.

               Table 9--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
----------------------------------------------------------------------------------------------------------------
                                                 Requested        Requested                       Percentage of
                                                Level B take     Level A take        Stock            stock
                   Species                     authorization    authorization      abundance       potentially
                                                   (no.)            (no.)           estimate         affected
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale (Eubalaena                     108                0              440            24.55
 glacialis).................................
Fin Whale (Balaenoptera physalus)...........               75                0            1,618             4.64
Sei whale (Balaenoptera borealis)...........                3                0              357             0.84
Humpback whale (Megaptera novaeangliae).....               54                0              823             6.56
Minke whale (Balaenoptera acutorostrata)....               16                0            2,591             0.62
Sperm whale (Physeter macrocephalus)........                3                0            2,288             0.13
False killer whale (Pseudorca crassidens)...                3                0              442             0.68
Cuvier's beaked whale (Ziphius cavirostris).                7                0            6,532             0.11
Long-finned pilot whale (Globicephala melas)               54                0            5,636             0.96
Atlantic white-sided dolphin (Lagenorhynchus              527                0           48,819             1.08
 acutus)....................................
White-beaked dolphin (Lagenorhynhcus                        3                0            2,003             0.15
 albirostris)...............................
Short beaked common Dolphin (Delphinus                  1,469                0           70,184             2.09
 delphis)...................................
Atlantic spotted dolphin (Stenella                          2                0           44,715           0.0045
 frontalis).................................
Striped dolphin (Stenella coruleoalba)......                1                0           54,807           0.0018
Bottlenose Dolphin (Tursiops truncatus).....              422                0           77,532             0.54
Harbor Porpoise (Phocoena phocoena).........             1219                6           79,883             1.53
Harbor Seal\1\ (Phoca vitulina).............           11,423                8           75,834            15.07
Gray seal (Halichoerus grypus)..............             1325                1          505,000             0.26
----------------------------------------------------------------------------------------------------------------

    The requested takes proposed to be authorized for the HRG and 
geotechnical surveys represent less than one percent for 11 stocks (sei 
whale, minke whale, sperm whale, false killer whale, Cuvier's beaked 
whale, long-finned pilot whale, white-beaked dolphin, Atlantic spotted 
dolphin, striped dolphin, bottlenose dolphin, and gray seal); 1.08 
percent for Atlantic white-sided dolphin; 1.53 percent for harbor 
porpoise; 2.09 percent for short-beaked common dolphin; 4.64 percent 
for fin whale; 6.56 percent for humpback whale; and 15.07 percent for 
harbor seal (Table 9). Just under 25 percent of the North Atlantic 
right whale stock has calculated take proposed; however, this is for 
the entire duration of the project activities (mid-June through 
December), and while this stock of right whales may be present in very 
low numbers in the winter months (November and December) in this area,

[[Page 22274]]

most animals have moved off the feeding grounds and have moved to the 
breeding grounds during this time. We do not expect a large number of 
right whales to be in the area for nearly one third of the project 
duration. Only repeated takes of some individuals are likely and this 
is an overestimate of the number of individual right whales that may 
actually be impacted by project activities. However, we analyzed the 
potential for take of 25% of the individual right whales in the context 
of the anticipated effects described previously.
    These take estimates represent the percentage of each species or 
stock that could be taken by Level B behavioral harassment and are 
small numbers relative to the affected species or stock sizes. Further, 
the proposed take numbers represent the instances of take and are the 
maximum numbers of individual animals that are expected to be harassed 
during the project; it is possible that some exposures may occur to the 
same individual.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

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

Endangered Species Act

    Issuance of an MMPA authorization requires compliance with the ESA. 
Within the project area, fin, humpback, and North Atlantic right whale 
are listed as endangered under the ESA. Under section 7 of the ESA, 
BOEM consulted with NMFS on commercial wind lease issuance and site 
assessment activities on the Atlantic Outer Continental Shelf in 
Massachusetts, Rhode Island, New York and New Jersey Wind Energy Areas. 
NOAA's GARFO issued a Biological Opinion concluding that these 
activities may adversely affect but are not likely to jeopardize the 
continued existence of fin whale, humpback whale, or North Atlantic 
right whale. The Biological Opinion can be found online at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. NMFS is also 
consulting internally on the issuance of an IHA under section 
101(a)(5)(D) of the MMPA for this activity. Following issuance of the 
DWW's IHA, the Biological Opinion may be amended to include an 
incidental take exemption for these marine mammal species, as 
appropriate.

National Environmental Policy Act (NEPA)

    NMFS is preparing an Environmental Assessment (EA) in accordance 
with the National Environmental Policy Act (NEPA) and will consider 
comments submitted in response to this notice as part of that process. 
The EA will be posted at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm once it is finalized.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to DWW for conducting HRG survey activities and use of a 
vibracore system and DP vessel thrusters during geotechnical survey 
activities from June 2017 through May 2018, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. This section contains a draft of the IHA itself. The 
wording contained in this section is proposed for inclusion in the IHA 
(if issued).
    Deepwater Wind, LLC (DWW) is hereby authorized under section 
101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 
1371(a)(5)(D)) and 50 CFR 216.107, to harass marine mammals incidental 
to high-resolution geophysical (HRG) and geotechnical survey 
investigations associated with marine site characterization activities 
off the coast of New York in the area of the Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS-A 0486) (the Lease Area) and along potential 
submarine cable routes to a landfall location in Easthampton, New York 
(Submarine Cable Corridor) (collectively, the Lease Area and Submarine 
Cable Corridor are the Project Area).
    1. This Authorization is valid from June 15, 2017, through June 14, 
2018.
    2. This Authorization is valid only for HRG and geotechnical survey 
investigations associated with marine site characterization activities 
as described in the Incidental Harassment Authorization (IHA) 
application.
    3. The holder of this authorization (Holder) is hereby authorized 
to take the species listed in Table 1 incidental to HRG and 
geotechnical survey activities using sub-bottom profilers, vibracores, 
and dynamic positioning (DP) vessel thruster use during geotechnical 
activities.
    4. The taking of any marine mammal in a manner prohibited under 
this IHA must be reported immediately to NMFS Greater Atlantic Regional 
Fisheries Office (GARFO), and NMFS Office of Protected Resources.
    5. The Holder or designees must notify NMFS' GARFO and Office of 
Protected Resources at least 24 hours prior to the seasonal 
commencement of the specified activity.
    6. The holder of this Authorization must notify the Chief of the 
Permits and Conservation Division, Office of Protected Resources, or 
her designee at least 24 hours prior to the start of survey activities 
(unless constrained by the date of issuance of this Authorization in 
which case notification shall be made as soon as possible) at 301-427-
8401 or to [email protected].
    7. Mitigation Requirements: The Holder is required to abide by the 
following mitigation conditions listed in 7(a)-(f). Failure to comply 
with these conditions may result in the modification, suspension, or 
revocation of this IHA.
    (a) Marine Mammal Exclusion Zones: Protected species observers 
(PSOs) shall monitor the following zones for the presence of marine 
mammals:
     A 200-m exclusion zone during HRG surveys is in operation.
     A 400-m monitoring zone during the use of sparker systems.
     At all times, the vessel operator shall maintain a 
separation distance of 500 m from any sighted North Atlantic right 
whale as stipulated in the Vessel Strike Avoidance procedures described 
below.
    Visual monitoring of the established exclusion zone(s) shall be 
performed by qualified and NMFS-approved protected species observers 
(PSOs). An observer team comprising a minimum of four NMFS-approved 
PSOs and two certified Passive Acoustic Monitoring (PAM) operators, 
operating in shifts, shall be stationed aboard either the survey vessel 
or a dedicated PSO-vessel. PSOs shall be equipped with binoculars and 
have the ability to estimate distances to marine mammals located in 
proximity to the vessel and/or exclusion zone using range finders. 
Reticulated binoculars will also be available to PSOs for use as 
appropriate based on conditions and visibility to support the siting 
and monitoring of marine species. During night operations, PAM (see 
Passive Acoustic Monitoring requirements below) and night-vision 
equipment in combination with infrared

[[Page 22275]]

video monitoring shall be used. The PSOs shall begin observation of the 
exclusion zone(s) at least 60 minutes prior to ramp-up of HRG survey 
equipment. Use of noise-producing equipment shall not begin until the 
exclusion zone is clear of all marine mammals for at least 60 minutes. 
If a marine mammal is seen approaching or entering the 200-m or 400-m 
exclusion zones, the vessel operator shall adhere to the shutdown/
powerdown procedures described below to minimize noise impacts on the 
animals.
    (b) Ramp-Up: A ramp-up procedure shall be used for HRG survey 
equipment capable of adjusting energy levels at the start or re-start 
of HRG survey activities. The ramp-up procedure shall not be initiated 
during daytime, nighttime, or periods of inclement weather if the 
exclusion zone cannot be adequately monitored by the PSOs using the 
appropriate visual technology (e.g., reticulated binoculars, night 
vision equipment) and/or PAM for a 60-minute period. A ramp-up shall 
begin with the power of the smallest acoustic HRG equipment at its 
lowest practical power output appropriate for the survey. The power 
shall then be gradually turned up and other acoustic sources added such 
that the source level would increase in steps not exceeding 6 dB per 5-
minute period. If a marine mammal is sighted within the HRG survey 
exclusion zone prior to or during the ramp-up, activities shall be 
delayed until the animal(s) has moved outside the monitoring zone and 
no marine mammals are sighted for a period of 60 minutes.
    (c) Shutdown and Powerdown
    HRG Survey--The exclusion zone(s) around the noise-producing 
activities HRG survey equipment will be monitored, as previously 
described, by PSOs and at night by PAM operators for the presence of 
marine mammals before, during, and after any noise-producing activity. 
The vessel operator must comply immediately with any call for shutdown 
by the Lead PSO. If a non-delphinoid cetacean (i.e., mysticetes and 
sperm whales) is detected at or within the established exclusion zone 
(200-m exclusion zone during HRG surveys; 400-m exclusion zone during 
use of the sparker system), an immediate shutdown of the HRG survey 
equipment is required. Subsequent restart of the electromechanical 
survey equipment must use the ramp-up procedures described above and 
may only occur following clearance of the exclusion zone for 60 
minutes. If a delphinoid cetacean or pinniped is detected at or within 
the exclusion zone, the HRG survey equipment must be powered down to 
the lowest power output that is technically feasible. Subsequent power 
up of the survey equipment must use the ramp-up procedures described 
above and may occur after (1) the exclusion zone is clear of a 
delphinoid cetacean and/or pinniped for 60 minutes or (2) a 
determination by the PSO after a minimum of 10 minutes of observation 
that the delphinoid cetacean or pinniped is approaching the vessel or 
towed equipment at a speed and vector that indicates voluntary approach 
to bow-ride or chase towed equipment. If the HRG sound source shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment is 
required using the full ramp-up procedures and clearance of the 
exclusion zone of all cetaceans and pinnipeds for 60 minutes. If the 
pause is less than 20 minutes, the equipment may be restarted as soon 
as practicable at its operational level as long as visual surveys were 
continued diligently throughout the silent period and the exclusion 
zone remained clear of cetaceans and pinnipeds. If the visual surveys 
were not continued diligently during the pause of 20 minutes or less, a 
restart of the HRG survey equipment is required using the full ramp-up 
procedures and clearance of the exclusion zone for all cetaceans and 
pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities if marine mammals enter or approach the established 120 dB 
isopleth monitoring zone, DWW shall reduce DP thruster to the maximum 
extent possible, except under circumstances when reducing DP thruster 
use would compromise safety (both human health and environmental) and/
or the integrity of the equipment. After decreasing thruster energy, 
PSOs shall continue to monitor marine mammal behavior and determine if 
the animal(s) is moving towards or away from the established monitoring 
zone. If the animal(s) continues to move towards the sound source then 
DP thruster use shall remain at the reduced level. Normal use shall 
resume when PSOs report that the marine mammals have moved away from 
and remained clear of the monitoring zone for a minimum of 60 minutes 
since the last sighting.
    (d) Vessel Strike Avoidance: The Holder shall ensure that vessel 
operators and crew maintain a vigilant watch for cetaceans and 
pinnipeds and slow down or stop their vessels to avoid striking these 
protected species. Survey vessel crew members responsible for 
navigation duties shall receive site-specific training on marine mammal 
sighting/reporting and vessel strike avoidance measures. Vessel strike 
avoidance measures shall include the following, except under 
extraordinary circumstances when complying with these requirements 
would put the safety of the vessel or crew at risk:
     All vessel operators shall comply with 10 knot (<18.5 km 
per hour (km/h)) speed restrictions in any Dynamic Management Area 
(DMA). In addition, all vessels operating from November 1 through July 
31 shall operate at speeds of 10 knots (<18.5 km/h) or less.
     All survey vessels shall maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines shall not be engaged until the North 
Atlantic right whale has moved outside of the vessel's path and beyond 
100 m. If stationary, the vessel must not engage engines until the 
North Atlantic right whale has moved beyond 100 m.
     All vessels shall maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid cetacean (i.e., mysticetes 
and sperm whales). If sighted, the vessel underway must reduce speed 
and shift the engine to neutral, and must not engage the engines until 
the non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel shall not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels shall maintain a separation distance of 50 m 
or greater from any sighted delphinoid cetacean. Any vessel underway 
shall remain parallel to a sighted delphinoid cetacean's course 
whenever possible, and avoid excessive speed or abrupt changes in 
direction. Any vessel underway shall reduce vessel speed to 10 knots or 
less when pods (including mother/calf pairs) or large assemblages of 
delphinoid cetaceans are observed. Vessels may not adjust course and 
speed until the delphinoid cetaceans have moved beyond 50 m and/or 
abeam of the underway vessel.

[[Page 22276]]

     All vessels shall maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    (e) Seasonal Operating Requirements: Between watch shifts members 
of the monitoring team shall consult the NMFS North Atlantic right 
whale reporting systems for the presence of North Atlantic right whales 
throughout survey operations. The proposed survey activities shall 
occur outside of the seasonal management area (SMA) located off the 
coast of New Jersey and Delaware and outside of the seasonal mandatory 
speed restriction period for this SMA (November 1 through April 30). 
Throughout all survey operations, the Holder shall monitor the NMFS 
North Atlantic right whale reporting systems for the establishment of a 
DMA. If NMFS should establish a DMA in the Lease Area under survey, 
within 24 hours of the establishment of the DMA the Holder shall work 
with NMFS to shut down and/or alter the survey activities to avoid the 
DMA.
    (f) Passive Acoustic Monitoring: To support 24-hour survey 
operations, the Holder shall include PAM as part of the project 
monitoring during the geophysical survey during nighttime operations, 
or as needed during periods when visual observations may be impaired.
    The PAM system shall consist of an array of hydrophones with both 
broadband (sampling mid-range frequencies of 2 kHz to 200 kHz) and at 
least one low-frequency hydrophone (sampling range frequencies of 75 Hz 
to 30 kHz). The PAM operator(s) shall monitor the hydrophone signals in 
real time both aurally (using headphones) and visually (via the monitor 
screen displays). PAM operators shall communicate detections/
vocalizations to the Lead PSO on duty who shall ensure the 
implementation of the appropriate mitigation measure.
    8. Monitoring Requirements: The Holder is required to abide by the 
following monitoring conditions listed in 8(a)-(b). Failure to comply 
with these conditions may result in the modification, suspension, or 
revocation of this IHA.
    (a) Visual Monitoring--Protected species observers (refer to the 
PSO qualifications and requirements for Marine Mammal Exclusion Zones 
above) shall visually monitor the established Level B harassment zones 
(400-m radius during sparker use and 200-m radius during all other HRG 
and geotechnical surveys). The observers shall be stationed on the 
highest available vantage point on the associated operating platform. 
PSOs shall estimate distance to marine mammals visually, using laser 
range finders or by using reticulated binoculars during daylight hours. 
During night operations, PSOs shall use night-vision binoculars and 
infrared technology. Data on all PSO observations will be recorded 
based on standard PSO collection requirements. This will include dates 
and locations of survey operations; time of observation, location and 
weather; details of the sightings (e.g., species, age classification 
(if known), numbers, behavior); and details of any observed ``taking'' 
(behavioral disturbances or injury/mortality). In addition, prior to 
initiation of survey work, all crew members will undergo environmental 
training, a component of which will focus on the procedures for 
sighting and protection of marine mammals
    (b) Acoustic Field Verification--Field verification of the 
exclusion/monitoring zones shall be conducted to determine whether the 
proposed zones correspond accurately to the relevant isopleths and are 
adequate to minimize impacts to marine mammals. The Holder shall 
conduct field verification of the exclusion/monitoring zone (the 160 dB 
isolpleth) for HRG survey equipment and the monitoring/powerdown zone 
(the 120 dB isopleth) for DP thruster use for all equipment operating 
below 200 kHz. The Holder shall take acoustic measurements at a minimum 
of two reference locations and in a manner that is sufficient to 
establish source level (peak at 1 meter) and distance to the 160 dB 
isopleths (the B harassment zones for HRG surveys) and 120 dB isopleth 
(the Level B harassment zone) for DP thruster use. Sound measurements 
shall be taken at the reference locations at two depths (i.e., a depth 
at mid-water and a depth at approximately 1 meter (3.28 ft) above the 
seafloor). The Holder may use the results from its field-verification 
efforts to request modification of the exclusion/monitoring zones for 
the HRG or geotechnical surveys. Any new exclusion/monitoring zone 
radius proposed by the Holder shall be based on the most conservative 
measurements (i.e., the largest safety zone configuration) of the 
target Level A or Level B harassment acoustic threshold zones. The 
modified zone shall be used for all subsequent use of field-verified 
equipment. The Holder shall obtain approval from NMFS and BOEM of any 
new exclusion/monitoring zone before it may be implemented and the IHA 
shall be modified accordingly.
    9. Reporting Requirements: The Holder shall provide the following 
reports as necessary during survey activities:
    (a) The Holder shall contact NMFS (301-427-8401) and BOEM (703-787-
1300) within 24 hours of the commencement of survey activities and 
again within 24 hours of the completion of the activity.
    (b) Any observed significant behavioral reactions (e.g., animals 
departing the area) or injury or mortality to any marine mammals shall 
be reported to NMFS and BOEM within 24 hours of observation. Dead or 
injured protected species shall be reported to the NMFS GARFO Stranding 
Hotline (800-900-3622) within 24 hours of sighting, regardless of 
whether the injury is caused by a vessel. In addition, if the injury of 
death was caused by a collision with a project related vessel, the 
Holder shall ensure that NMFS and BOEM are notified of the strike 
within 24 hours. The Holder shall use the form included as Appendix A 
to Addendum C of the Lease to report the sighting or incident. If the 
Holder is responsible for the injury or death, the vessel must assist 
with any salvage effort as requested by NMFS.
    Additional reporting requirements for injured or dead animals are 
described below (Notification of Injured or Dead Marine Mammals).
    (c) Notification of Injured or Dead Marine Mammals
    (i) In the unanticipated event that the specified HRG and 
geotechnical survey activities lead to an injury of a marine mammal 
(Level A harassment) or mortality (e.g., ship-strike, gear interaction, 
and/or entanglement), the Holder shall immediately cease the specified 
activities and report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, 301-427-8401, and 
the NOAA GARFO Stranding Coordinator, 978-281-9300. The report shall 
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).
    Activities shall not resume until NMFS is able to review the

[[Page 22277]]

circumstances of the event. NMFS would work with the Holder to minimize 
reoccurrence of such an event in the future. The Holder shall not 
resume activities until notified by NMFS.
    (ii) In the event that the Holder discovers an injured or dead 
marine mammal and 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), the Holder shall immediately report 
the incident to the Chief of the Permits and Conservation Division, 
Office of Protected Resources, 301-427-8401, and the GARFO Stranding 
Coordinator, 978-281-9300. The report shall include the same 
information identified in the paragraph above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with the Holder to determine if modifications in the 
activities are appropriate.
    (iii) In the event that the Holder discovers an injured or dead 
marine mammal and determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the Holder shall report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, 301-427-8401, and the NMFS GARFO Regional 
Stranding Coordinator, 978-281-9300, within 24 hours of the discovery. 
The Holder shall provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting.
    (d) Within 90 days after completion of the marine site 
characterization survey activities, a technical report shall be 
provided to NMFS and BOEM that fully documents the methods and 
monitoring protocols, summarizes the data recorded during monitoring, 
estimates the number of marine mammals that may have been taken during 
survey activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
shall be addressed in the final report prior to acceptance by NMFS.
    (e) In addition to the Holder's reporting requirements outlined 
above, the Holder shall provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This shall be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.
    10. This Authorization may be modified, suspended, or withdrawn if 
the Holder fails to abide by the conditions prescribed herein or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.
    11. A copy of this Authorization and the Incidental Take Statement 
must be in the possession of each vessel operator taking marine mammals 
under the authority of this Incidental Harassment Authorization.
    12. The Holder is required to comply with the Terms and Conditions 
of the Incidental Take Statement corresponding to NMFS' Biological 
Opinion.

                          Table 1--Species for Which Take Is Proposed To Be Authorized
----------------------------------------------------------------------------------------------------------------
                                                                  Requested        Requested      Percentage of
                                                                 Level B take     Level A take        stock
                           Species                              authorization    authorization     potentially
                                                                    (no.)            (no.)           affected
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale (Eubalaena glacialis).............              108                0            24.55
Fin Whale (Balaenoptera physalus)............................               75                0             4.64
Sei whale....................................................                3                0             0.84
Humpback whale (Megaptera novaeangliae)......................               54                0             6.56
Minke whale..................................................               16                0             0.62
Sperm whale (Physeter macrocephalus).........................                3                0             0.13
False killer whale (Pseudorca crassidens)....................                3                0             0.68
Cuvier's beaked whale........................................                7                0             0.11
Long-finned pilot whale (Globicephala melas).................               54                0             0.96
Atlantic white-sided dolphin.................................              527                0             1.08
White-beaked dolphin.........................................                3                0             0.15
Short beaked common Dolphin (Delphinus delphis)..............            1,469                0             2.09
Atlantic spotted dolphin (Stenella frontalis)................                2                0           0.0045
Striped dolphin (Stenella coruleoalba).......................                1                0           0.0018
Bottlenose Dolphin (Tursiops truncatus)......................              422                0             0.54
Harbor Porpoise (Phocoena phocoena)..........................             1219                6             1.53
Harbor Seal \1\ (Phoca vitulina).............................           11,423                8            15.07
Gray seal (Halichoerus grypus)...............................             1325                1             0.27
----------------------------------------------------------------------------------------------------------------

Request for Public Comments

    NMFS requests comment on our analysis, the draft authorization, and 
any other aspect of the Notice of Proposed IHA for DWW's proposed HRG 
and geotechnical survey investigations associated with marine site 
characterization activities off the coast of New York in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0486) and along 
potential submarine cable routes to a landfall location in Easthampton, 
New York. Please include with your comments any supporting data or 
literature citations to help inform our final decision on DWW's request 
for an MMPA authorization.

    Dated: May 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09706 Filed 5-10-17; 4:15 pm]
 BILLING CODE 3510-22-P