[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31562-31575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14260]



[[Page 31562]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF286


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

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

ACTION: Notice; issuance of an Incidental Harassment Authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
Ocean Wind, LLC (Ocean Wind), to incidentally harass, by Level B 
harassment only, marine mammals during high-resolution geophysical 
(HRG) and geotechnical survey investigations associated with marine 
site characterization activities off the coast of New Jersey in the 
area of the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0498) (Lease Area).

DATES: This Authorization is effective from June 8, 2017, through June 
7, 2018.

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 online 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, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' 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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action with respect to environmental 
consequences on the human environment.

Summary of Request

    NMFS received a request from Ocean Wind for an IHA to take marine 
mammals incidental to 2017 geophysical survey investigations off the 
coast of New Jersey in the OCS-A 0498 Lease Area, designated and 
offered by the U.S. Bureau of Ocean Energy Management (BOEM), to 
support the development of an offshore wind project. Ocean Wind's 
request was for harassment only, and NMFS concurs that mortality is not 
expected to result from this activity; therefore, an IHA is 
appropriate.
    The planned geophysical survey activities will occur for 42 days 
beginning in early June 2017, and geotechnical survey activities will 
take place in September 2017 and last for approximately 12 days. The 
following specific aspects of the planned activities are likely to 
result in the take of marine mammals: shallow and medium-penetration 
sub-bottom profilers (chirper and sparker) used during the HRG survey, 
and dynamically-positioned (DP) vessel thruster used in support of 
geotechnical survey activities. Take, by Level B Harassment only, of 
individuals of five species of marine mammals is anticipated to result 
from the specified activities. No serious injury or mortality is 
expected from Ocean Wind's HRG and geotechnical surveys.

Description of the Specified Activity

Overview

    Ocean Wind plans to conduct a geophysical and geotechnical survey 
off the coast of New Jersey in the Lease Area to support the 
characterization of the existing seabed and subsurface geological 
conditions in the Lease Area. This information is necessary to support 
the siting, design, and deployment of up to two meteorological data 
collection buoys called floating light and detection ranging buoys 
(FLIDARs) and up to two metocean and current buoys, as well as to 
obtain a baseline assessment of seabed/sub-surface soil conditions in 
the Lease Area to support the siting of the wind farm. Surveys will 
include the use of the following equipment: multi-beam depth sounder, 
side-scan sonar, sub-bottom profiler, and cone penetration tests 
(CPTs). A detailed description of the planned marine site 
characterization project was provided in the Federal Register notice 
for the proposed IHA (82 FR 20563; May 3, 2017). Since that time, no 
changes have been made to the planned activities. Therefore, a detailed 
description is not provided here. Please refer to that Federal Register 
notice for the description of the specific activity.

Dates and Duration

    HRG surveys are anticipated to commence in early June 2017 and will 
last for approximately 42 days, including estimated weather down time. 
Geotechnical surveys requiring the use of the DP drill ship will take 
place in September 2017, at the earliest, and will last for 
approximately 12 days excluding weather downtime. Equipment is expected 
run continuously for 24 hours per day.

Specified Geographic Region

    Ocean Wind's survey activities will occur in the approximately 
160,480-acre Lease Area designated and offered by the BOEM, located 
approximately nine miles (mi) southeast of Atlantic City, New Jersey, 
at its closest point (see Figure 1 of the IHA application). The

[[Page 31563]]

Lease Area falls within the New Jersey Wind Energy Area (NJ WEA; Figure 
1-1 of the IHA application) with water depths ranging from 15-40 meters 
(m) (49-131 feet (ft)).

Detailed Description of Specific Activities

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;
     Magnetic intensity measurements for detecting local 
variations in regional magnetic field from geological strata and 
potential ferrous objects on and below the bottom;
     Seafloor imaging (sidescan sonar survey) for seabed 
sediment classification purposes, to identify natural and man-made 
acoustic targets resting on the bottom as well as any anomalous 
features;
     Shallow penetration sub-bottom profiler (chirper) to map 
the near surface stratigraphy (top 0-5 meter (m) soils below seabed); 
and
     Medium penetration sub-bottom profiler (sparker) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed).
    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 Lease Area.

                                                    Table 1--Summary of Proposed HRG Survey Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Source  level        Source level  (bay
                                                                   (manufacturer)       state wind survey) *      Beamwidth         Pulse  duration
            HRG equipment              Operating  frequencies      (dBpeak; dBrms)         (dBpeak; dBrms)        (degree)             (millisec)
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sonardyne Ranger 2 USBL.............  35-50 kHz..............  200 dBPeak; n/a.......  194 dBPeak; 166.10                 180  1.
                                                                                        dBrms.
Klein 3000H Sidescan Sonar..........  445/900 kHz............  245 dBPeak; 242 dBrms.  n/a; n/a..............             0.2  0.0025 to 0.4.
GeoPulse Sub-bottom Profiler          1.5 to 18 kHz..........  223.5 dBPeak; 208       203 dBPeak; 172.45                  55  0.1 to 22.
 (chirper).                                                     dBrms.                  dBrms.
Geo-Source 600/800 (sparker)........  50 to 5000 Hz..........  222/223 dBPeak; 221/    206/212 dBPeak; 182.10/            110  1 to 10.
                                                                223 dBrms.              188.15 dBrms.
SeaBat 7125 Multibeam Sonar.........  200/400 kHz............  220 dBPeak; 213 dBrms.  n/a; n/a..............               2  0.03 to 0.3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Gardline 2016, 2017.

    The HRG survey activities will be supported by a vessel 
approximately 98 to 180 feet (ft) in length and capable of maintaining 
course and a survey speed of approximately 4.5 knots while transiting 
survey lines. HRG survey activities across the Lease Area will 
generally be conducted at 900-meter (m) line spacing. Up to two FLIDARs 
and two wave buoys will be deployed within the Lease Area, and up to 
three potential locations for FLIDAR deployment will be investigated. 
At each FLIDAR and wave buoy deployment locations, the survey will be 
conducted along a tighter 30-m line spacing to meet the BOEM 
requirements as set out in the July 2015 Guidelines for Providing 
Geophysical, Geotechnical, and Geohazard Information Pursuant and 
Archeological and Historic Property Information in 30 CFR part 585.
    The equipment positioning systems use vessel-based underwater 
acoustic positioning to track equipment (in this case, the sub-bottom 
profiler) in very shallow to very deep water. Equipment positioning 
systems will be operational at all times during HRG survey data 
acquisition (i.e, concurrent with the sub-bottom profiler operation). 
Sub-bottom profiling systems identify and measure various marine 
sediment layers that exist below the sediment/water interface. A sound 
source emits an acoustic signal vertically downwards into the water and 
a receiver monitors the return signal that has been reflected off the 
sea floor. Some of the acoustic signal will penetrate the seabed and be 
reflected when it encounters a boundary between two layers that have 
different acoustic impedance. The system uses this reflected energy to 
provide information on sediment layers beneath the sediment-water 
interface. A shallow penetration sub-bottom profiler will be used to 
map the near surface stratigraphy of the Lease Area. A Geo-Source 200/
800, or similar model, medium-penetration sub-bottom profiler (sparker) 
will be used to map deeper subsurface stratigraphy in the Lease Area as 
needed (soils down to 75-100 m below seabed). The sparker is towed from 
a boom arm off the side of the survey vessel and emits a downward pulse 
with a duration of 1 to 10 millisecond (ms) at an operating frequency 
of 50 to 5000 Hertz (Hz).
Geotechnical Survey Activities
    Marine site characterization surveys will involve the following 
geotechnical survey activities:
     Sample boreholes to determine geological and geotechnical 
characteristics of sediments;
     Deep CPTs to determine stratigraphy and in-situ conditions 
of the deep surface sediments; and
     Shallow CPTs to determine stratigraphy and in-situ 
conditions of the near surface sediments.
    It is anticipated that the geotechnical surveys will take place no 
sooner than September 2017. The geotechnical survey program will 
consist of up to 8 deep sample bore holes and adjacent 8 deep CPTs both 
to a depth of approximately 130 ft to 200 ft (40 m to 60 m) below the 
seabed, as well as 30 shallow CPTs, up to 130 ft (40 m) below seabed.
    The investigation activities are anticipated to be conducted from a 
250-ft to 350-ft (76 m to 107 m) DP drill ship. DP vessel thruster 
systems maintain their precise coordinates in waters with automatic 
controls. These control systems use variable levels of power to counter 
forces from current and wind.

[[Page 31564]]

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 will be 
approximately 12 days excluding weather downtime. Estimated weather 
downtime is approximately 10 days.
    Please see the previously referenced Federal Register notice (82 FR 
20563; May 3, 2017) for a more detailed description of the specified 
activity.

Comments and Responses

    A notice of NMFS' proposal to issue an IHA to Ocean Wind was 
published in the Federal Register on May 3, 2017 (82 FR 20563). That 
notice described, in detail, Ocean Wind's activity, the marine mammal 
species that may be affected by the activity and the anticipated 
effects on marine mammals. During the 30-day public comment period, 
NMFS received comments from the Marine Mammal Commission (Commission) 
and the Center for Regulatory Effectiveness (CRE).
    Comment 1: The Commission recommends that, until the behavior 
thresholds are updated, NMFS require applicants to use the 120- rather 
than 160-dB re 1 [mu]Pa threshold for acoustic, non-impulsive sources 
(e.g., chirp-type sub-bottom profilers, echosounders, and other sonars 
including side-scan and fish-finding).
    Response: NMFS considers sub-bottom profilers to be impulsive 
sources; therefore, 160 dB threshold will continue to be used. 
Additionally, BOEM listed sparkers as impulsive sources (BOEM 2016). 
The 120-dB threshold is typically associated with continuous sources. 
Continuous sounds are those whose sound pressure level remains above 
that of the ambient sound, with negligibly small fluctuations in level 
(NIOSH, 1998; ANSI, 2005). Intermittent sounds are defined as sounds 
with interrupted levels of low or no sound (NIOSH, 1998). Sub-bottom 
profiler signals are intermittent sounds. Intermittent sounds can 
further be defined as either impulsive or non-impulsive. Impulsive 
sounds have been defined as sounds which are typically transient, brief 
(<1 sec), broadband, and consist of a high peak pressure with rapid 
rise time and rapid decay (ANSI, 1986; NIOSH, 1998). Non-impulsive 
sounds typically have more gradual rise times and longer decays (ANSI, 
1995; NIOSH, 1998). Sub-bottom profiler signals have durations that are 
typically very brief (<1 sec), with temporal characteristics that more 
closely resemble those of impulsive sounds than non-impulsive sounds. 
With regard to behavioral thresholds, we consider the temporal and 
spectral characteristics of sub-bottom profiler signals to more closely 
resemble those of an impulse sound rather than a continuous sound. The 
160-dB threshold is typically associated with impulsive sources. 
Therefore, the 160-dB threshold (typically associated with impulsive 
sources) is more appropriate than the 120-dB threshold (typically 
associated with continuous sources) for estimating takes by behavioral 
harassment incidental to use of such sources.
    Comment 2: The Commission recommends that NMFS work with the BOEM 
Office of Renewable Energy to determine the circumstances under which 
adoption of mutually agreed-upon mitigation measures would avoid the 
potential for taking marine mammals and the need for an IHA. The 
Commission further recommends that NMFS use a consistent approach for 
reducing (or not reducing) the numbers of estimated takes based on the 
requirement to implement mitigation measures to preclude taking in the 
respective Level B harassment zones.
    Response: NMFS appreciates the Commission's recommendations to 
streamline our incidental take authorization (ITA) process. NMFS 
believes that for this project with activities occurring at night and 
over a long duration, we are not comfortable assuming we can avoid all 
takes with mitigation measures in place. Ocean Wind's application 
included conservative monitoring measures, which will help reduce take 
of marine mammals, but may not completely eliminate the possibility for 
take.
    In regards to the Commission's recommendation for using a 
consistent approach to reducing the number of estimated take, they 
referenced our ITAs involving Cook Inlet beluga whales. First, Ocean 
Wind's project is not the same situation as in Cook Inlet. In Cook 
Inlet there is a small resident population of beluga whales, and 
applicants have proposed shutting down when a certain number of total 
belugas observed within the Level B zone is reached to help ensure that 
no more than small numbers (an MMPA requirement) of belugas are taken 
during their activity. Second, regarding consistency, NMFS generally 
applies standard minimum mitigation requirements to different activity 
types. However, if an applicant proposes measures that are more 
protective than the standard minimum in their application (and NMFS 
believes that those measures will effect a reduction of impacts beyond 
the standard minimum measures), it suggests that those measures are 
practicable for the applicant may be appropriate for NMFS to include 
them to meet our least practicable adverse impact standard. Though 
standard minimum measures are helpful and generally used, the overall 
suite of mitigation measures is determined on a case-by-case basis, is 
dependent upon multiple factors specific to the activity, environment, 
and affected species, and may vary some between projects.
    Comment 3: CRE does not oppose NMFS' issuance of the IHA, but they 
do oppose NMFS' use of the acoustic Guidance in the IHA. Given the 
Executive Order (EO) 13795, CRE commented that NMFS does not have the 
authority to use the Guidance until the Commerce Secretary has 
completed his review and made a decision as to whether to revise or 
rescind the Guidance. They further recommend that NMFS remove any claim 
that OMB had approved an Information Collection Request (ICR) for the 
Guidance, and NMFS should correct information disseminations that 
suggest or require that the Guidance may be used for any regulatory 
purpose.
    Response: As described in our May 31, 2017 Federal Register notice 
(82 FR 24950), NMFS is soliciting public comment on the Guidance in 
accordance with EO 13795. NMFS will also consult the appropriate 
Federal agencies to assist the Secretary of Commerce in reviewing the 
Technical Guidance for consistency with the policy in section 2 of EO 
13795. As mandated by the EO, at the conclusion of the review the 
Secretary of Commerce will make a determination of how to proceed. At 
that point, NMFS will determine what information will be provided on 
our information disseminations. EO 13795 does not state that the 
Guidance cannot be used during the review process; therefore, the 
Guidance remains applicable during this time. The Guidance explicitly 
states that ITA applicants are not required to use it and that, if an 
alternative approach is likely to produce a more accurate estimate of 
auditory impact for the project being evaluated, the applicant may 
propose such an alternate approach (NMFS 2016).NMFS is currently in 
compliance under the Paperwork Reduction Act (PRA) for the ICR.

Description of Marine Mammals in the Area of the Specified Activity

    There are 35 species of marine mammals that potentially occur in 
the Northwest Atlantic OCS region (BOEM 2014) (Table 2). The majority 
of these

[[Page 31565]]

species are pelagic and/or northern species, or are so rarely sighted 
that their presence in the Lease Area is unlikely. Five species are 
considered to have the potential to co-occur with the planned survey 
activities: fin whale (Balaenoptera physalus), bottlenose dolphin 
(Tursiops truncatus), short-beaked common dolphin (Delphinus delphis), 
harbor porpoise (Phocoena phocoena), and harbor seal (Phoca vitulina) 
(Right Whale Consortium 2016). Table 2 lists all species with expected 
potential for occurrence in the NE Atlantic OCS and summarizes 
information related to the population or stock. For status of species, 
we provide information regarding U.S. regulatory status under the MMPA 
and ESA. All managed stocks in this region are assessed in NMFS's U.S. 
2016 Atlantic SARs and can be found here: http://www.nmfs.noaa.gov/pr/species/. All values presented in Table 2 are the most recent available 
at the time of publication and are available in the draft 2016 SARs. A 
detailed description of the of the species likely to be affected by the 
marine site characterization project, including brief introductions to 
the species and relevant stocks as well as available information 
regarding population trends and threats, and information regarding 
local occurrence, were provided in the Federal Register notice for the 
proposed IHA (82 FR 20563; May 3, 2017). Since that time, we are not 
aware of any changes in the status of these species and stocks; 
therefore, detailed descriptions are not provided here. Please refer to 
that Federal Register notice for these descriptions. Please also refer 
to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for 
generalized species accounts.

               Table 2--Marine Mammals Known To Occur in the Waters off the Northwest Atlantic OCS
----------------------------------------------------------------------------------------------------------------
                                                   NMFS MMPA and    Stock Abundance              Occurrence and
                                                    ESA status;     (CV,Nmin, most               seasonality in
          Common name                 Stock        strategic  (Y/  recent abundance   PBR \3\    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).
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).

[[Page 31566]]

 
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).
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 draft 2016 Pacific 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).

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

    The effects of underwater noise from HRG and geotechnical 
activities for the marine site characterization project have the 
potential to result in behavioral harassment of marine mammals in the 
vicinity of the action area. The Federal Register notice for the 
proposed IHA (82 FR 20563; May 3, 2017) included a discussion of the 
effects of anthropogenic noise on marine mammals, therefore that 
information is not repeated here. Please refer to the Federal Register 
notice (82 FR 20563; May 3, 2017) for that information.

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized in this IHA, which informed 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 will be by Level B harassment only, in the form of 
disruption of behavioral patterns for individual marine mammals 
resulting from exposure to HRG and geotechnical surveys. Based on the 
nature of the activity, the short duration of activities, and the small 
Level A isopleths (less than 3 m for all sources), Level A harassment 
is neither anticipated nor authorized. The death of a marine mammal is 
also a type of incidental take. However, as described previously, no 
mortality is anticipated or authorized for this activity. Below we 
describe how the take is estimated for this project.

[[Page 31567]]

    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 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 will be in the form of behavioral 
harassment, and no take by injury, serious injury, or mortality is 
authorized.
    The basis for the take estimate is the number of marine mammals 
that will 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 3 below.

               Table 3--NMFS's Acoustic Exposure Criteria
------------------------------------------------------------------------
            Criterion                 Definition           Threshold
------------------------------------------------------------------------
Level B harassment (underwater).  Behavioral          160 dB (impulsive
                                   disruption.         source)/120 dB
                                                       (continuous
                                                       source) (rms).
Level B harassment (airborne)...  Behavioral          90 dB (harbor
                                   disruption.         seals)/100 dB
                                                       (other pinnipeds)
                                                       (unweighted).
------------------------------------------------------------------------

    Modeling took into consideration sound sources using the potential 
operational parameters, bathymetry, geoacoustic properties of the Lease 
Area, time of year, and marine mammal hearing ranges. Results from the 
hydroacoustic modeling and measurements 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 75.28 m from the source using practical spreading 
(Subacoustech 2016), and 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 
(Subacoustech 2016). Ocean Wind 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 for HRG equipment, as 
practical spreading (15logR) was used to estimate the ensonified area 
here 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.
    Ocean Wind estimated species densities within the 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 the 160 dB Level B harassment threshold for 
intermittent, impulsive noise (i.e., sub-bottom profiler). 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 will 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. Monthly density 
values were within the survey area were averaged by season to provide 
seasonal density estimates. 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): [pi]r\2\
     Mobile source (e.g. sparkers): (distance/day * 2r) + 
[pi]r\2\
    Where distance is the maximum survey trackline per day (177.6 km) 
and r is the distance to the 160 dB (for impulsive sources) and 120 dB 
(for non-impulsive sources) isopleths. The isopleths were calculated 
using practical spreading.
    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. 42 for HRG activities or 12 for geotechnical 
activities) of the specified activity. A detailed description of the 
acoustic modeling used to calculate zones of influence is provided in 
Ocean Wind's IHA application (also see the discussion in the Mitigation 
Measures section below).
    Ocean Wind used a ZOI of 26.757 km\2\ and a survey period of 42 
days, which includes estimated weather downtime, 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 
GeoSource 800 sparker will be operating all the time) and a maximum 
survey trackline of 110.4 mi (177.6 km) per day. Based on the planned 
HRG survey schedule (June 2017), take calculations were based on the 
summer seasonal species density as derived from Roberts et al. (2016) 
for cetaceans and seasonal OPAREA density estimates (DoN, 2007) for 
pinnipeds. The resulting take estimates

[[Page 31568]]

(rounded to the nearest whole number) are presented in Table 4.

                      Table 4--Estimated Level B Harassment Takes for HRG Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                                                    Density for     Calculated    Requested take       stock
                     Species                       summer  (No./    take  (No.)    authorization    potentially
                                                     km[sup2])                         (No.)         affected
----------------------------------------------------------------------------------------------------------------
Fin Whale.......................................           .0008            0.89              *5           0.061
Bottlenose Dolphin..............................           .2534           284.7             285           0.385
Short beaked common Dolphin.....................           .0282           31.69              32           0.047
Harbor Porpoise.................................           .0012            1.34              *4           0.006
----------------------------------------------------------------------------------------------------------------
* Requested take authorization was increased to account for average group size of fin whales (5) and harbor
  porpoise (4).

    Ocean Wind used a ZOI of 0.31 m\2\ (0.79 km\2\) and a maximum DP 
thruster use period of 12 days to estimate take from use of the DP 
thruster during geotechnical survey activities. The ZOI represents the 
field-verified distance to the 120 dB isopleth for DP thruster use. 
Based on the planned geotechnical survey schedule (September 2017), 
take calculations were based on the fall seasonal species density 
estimates (Roberts et al., 2016; DoN, 2007) (Table 5). The resulting 
take estimates (rounded to the nearest whole number) based upon these 
conservative assumptions for bottlenose dolphins and harbor seals are 
presented in Table 5. These numbers are based on 12 days and represent 
only 0.001 percent of the stock for each of these 2 species. Take 
estimates were increased to take into account average group size where 
needed (fin whale and harbor porpoise).

                 Table 5--Estimated Level B Harassment Takes for Geotechnical Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                                                    Density for     Calculated    Requested take       stock
                     Species                      fall  (No./100    take  (No.)    authorization    potentially
                                                     km[sup2])                         (No.)         affected
----------------------------------------------------------------------------------------------------------------
Bottlenose Dolphin..............................           11.44            1.08              *1           0.001
Harbor seal.....................................            9.74            0.92               1           0.001
----------------------------------------------------------------------------------------------------------------
* It is understood that typical pod size for bottlenose dolphins can be 2 to 15 individuals (NOAA 2015b). Given
  that take for this species has been requested to cover HRG survey activities, in conjunction with mitigation
  measures, the Applicant has determined that increasing take to account for group size is not necessary.

    Ocean Wind's requested take numbers are provided in Tables 4 and 5 
and are also the number of takes NMFS is authorizing. Ocean Wind'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 Tables 4 and 5 are the maximum number of 
animals that may be harassed during the HRG and geotechnical surveys 
(i.e., Ocean Wind assumes that each exposure event is a different 
animal). These estimates do not account for prescribed mitigation 
measures that Ocean Wind will 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 HRG activities, and 
500 m during geotechnical activities, further reducing the potential 
for any takes to occur during these activities.
    Ocean Wind 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. Ocean Wind used the user spreadsheet to calculate the isopleth 
for the loudest source (sparker, sub-bottom profiler). The sub-bottom 
profiler was calculated with the following conditions: Source level at 
172.4 rms, vessel velocity of 2.058 m/s, repetition rate of 0.182, 
pulse duration of 22 ms and a weighting factor adjustment of 10 based 
on the spectrogram for this equipment (Gardline 2016). Isopleths were 
less than 3 m for all hearing groups; therefore, no Level A takes were 
requested. The Geo-Source sparker model used the following parameters: 
Source level at 188.7 rms Source level, vessel velocity of 2.058 meters 
per second (m/s), repetition rate of 0.25 seconds, pulse duration of 10 
ms and weighting factor adjustment of 3 based on the spectrograms for 
this equipment. Isopleths were less than 2 m for all hearing groups; 
therefore, no Level A takes were requested. The DP thruster was defined 
as non-impulsive static continuous source with an extrapolated source 
level of 150 dB rms based on far field measurements (Subacoustech 
2016), an activity duration of 4 hours and weighting factor adjustment 
of 2. The transmission loss coefficient of 11.1 was used based on the 
slope of best fit from field measurements (Subacoustech 2016). 
Isopleths were less than 1 m for all hearing groups; therefore, no 
Level A take were requested. No level A take is requested or authorized 
for any of the sources used during HRG and geotechnical surveys.

[[Page 31569]]



            Table 6--Summary of PTS Onset Acoustic Thresholds
------------------------------------------------------------------------
                                     PTS onset acoustic thresholds\1\
                                             (Received level)
          Hearing group          ---------------------------------------
                                       Impulsive         Non-impulsive
------------------------------------------------------------------------
Low-frequency cetaceans.........  Cell 1: Lpk,flat:   Cell 2: LE,LF,24h:
                                   219 dB;             199 dB.
                                   LE,LF,24h: 183 dB.
Mid-frequency cetaceans.........  Cell 3: Lpk,flat:   Cell 4: LE,MF,24h:
                                   230 dB;             198 dB.
                                   LE,MF,24h: 185 dB.
High-frequency cetaceans........  Cell 5: Lpk,flat:   Cell 6: LE,HF,24h:
                                   202 dB;             173 dB.
                                   LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwaters)..  Cell 7: Lpk,flat:   Cell 8: LE,PW,24h:
                                   218 dB;             201 dB.
                                   LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater)..  Cell 9: Lpk,flat:   Cell 10:
                                   232 dB;             LE,OW,24h: 219
                                   LE,OW,24h: 203 dB.  dB.
------------------------------------------------------------------------
\1\ NMFS 2016.

Mitigation Measures

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully balance two primary factors: (1) 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, and their habitat, which considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range), as well as 
the likelihood that the measure will be effective if implemented; and 
the likelihood of effective implementation, and; (2) the practicability 
of the measures for applicant implementation, which may consider such 
things as cost, impact on operations, and, in the case of a military 
readiness activity, personnel safety, practicality of implementation, 
and impact on the effectiveness of the military readiness activity.
    With NMFS' input during the application process, and as per the 
BOEM Lease, Ocean Wind will implement the following mitigation measures 
during site characterization surveys utilizing HRG survey equipment and 
use of the DP thruster. The mitigation measures outlined in this 
section are based on protocols and procedures that have been 
successfully 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 HRG surveys (this exceeds 
the estimated Level B harassment isopleth).
     A 500-m monitoring zone during the use of DP thrusters 
during geotechnical survey activities (this is equal to the Level B 
harassment isopleth).
    The 200 m exclusion zone is the default exclusion zone specified in 
stipulation 4.4.6.1 of the New Jersey OCS-A 0498 Lease Agreement. The 
500 m exclusion zone is based on field-verified distances established 
during similar survey work conducted within the Bay State Wind Lease 
Area (Subacoustech 2016).

Visual Monitoring

    Visual monitoring of the established exclusion zone(s) for the HRG 
and geotechnical surveys 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. 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 either 
the survey vessel or a dedicated PSO-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. During daylight hours the PSOs will rotate in 
shifts of one on and three off, while during nighttime operations PSOs 
will work in pairs. The PAM operators will also be on call as necessary 
during daytime operations should visual observations become impaired. 
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. A mitigation and monitoring communications flow 
diagram has been included as Appendix A in the IHA application.
    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. 
Digital single-lens reflex

[[Page 31570]]

camera equipment will be used to record sightings and verify species 
identification. During night operations, PAM (see Passive Acoustic 
Monitoring requirements below) and night-vision equipment in 
combination with infrared technology will be used (Additional details 
and specifications are provided in Ocean Wind's application in Appendix 
B for night-vision devices and Appendix C for infrared video monitoring 
technology). 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 
exclusion zones during the HRG survey, or the 500-m monitoring zone 
during DP thrusters use, the vessel operator will 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.

Vessel Strike Avoidance

    The Applicant 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 and sea turtle 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). In addition, all vessels operating from November 1 through July 
31 will operate at speeds of 10 knots (<18.5 km/h) or less.
     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 sighted 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.
     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 
planned survey activities however, will occur outside of the SMA 
located off the coasts of Delaware and New Jersey. The planned 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, Ocean Wind 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 Ocean Wind will work 
with NMFS to shut down and/or alter the survey activities to avoid the 
DMA.

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, Ocean 
Wind will use certified PAM operators with experience reviewing and 
identifying recorded marine mammal vocalizations, as part of the 
project monitoring during nighttime operations to provide for optimal 
acquisition of species detections at night, or as needed during periods 
when visual observations may be impaired. In addition, PAM systems 
shall be employed during daylight hours to support system calibration 
and PSO and PAM team coordination, as well as in support of efforts to 
evaluate the effectiveness of the various mitigation techniques (i.e., 
visual observations during day and night, compared to the PAM 
detections/operations).
    Given the range of species that could occur in the Lease 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). Monitoring of the PAM system will be conducted from a customized 
processing station aboard the HRG survey vessel. The on-board 
processing station provides the interface between the PAM system and 
the operator. The PAM operator(s) will monitor the hydrophone signals 
in real time both aurally (using headphones) and visually (via the 
monitor screen displays). Ocean Wind plans to use PAMGuard software for 
``target motion analysis'' to support localization in relation to the 
identified exclusion zone. PAMGuard is an open source and versatile 
software/hardware interface to enable flexibility in the

[[Page 31571]]

configuration of in-sea equipment (number of hydrophones, 
sensitivities, spacing, and geometry). PAM operators will immediately 
communicate detections/vocalizations to the Lead PSO on duty who will 
ensure the implementation of the appropriate mitigation measure (e.g., 
shutdown) even if visual observations by PSOs have not been made.

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 Lease 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, night time, 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 will begin with the power of the smallest 
acoustic HRG equipment at its lowest practical power output appropriate 
for the survey. The power will then be gradually turned up and other 
acoustic sources added such that the source level will 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 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 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), 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. These are extremely conservative shutdown zones, 
as the 200-m exclusion radii exceed the distances to the estimated 
Level B harassment isopleths (75.28 m).
    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 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 or CPT site must be 
maintained to ensure the integrity of the survey equipment. Any 
stoppage of DP thruster during the geotechnical activities has the 
potential to result in significant damage to survey equipment. 
Therefore, during geotechnical survey activities, if marine mammals 
enter or approach the established exclusion and monitoring zone, Ocean 
Wind 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. Reducing thruster energy will effectively reduce the 
potential for exposure of marine mammals to sound energy. After 
decreasing thruster energy, PSOs will 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 will remain at the 
reduced level. Normal use will 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.
    Based on our evaluation of the applicant's planned measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
planned 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.

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 will 
result in increased knowledge of the species and of the level of taking 
or impacts on populations of marine mammals that are expected to be 
present in the action area. 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).

[[Page 31572]]

     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.
    Ocean Wind submitted marine mammal monitoring and reporting 
measures as part of the IHA application. These measures are described 
below.
    Visual Monitoring--Visual monitoring of the established Level B 
harassment zones (200-m radius during HRG surveys (note that this is 
the same as the mitigation exclusion/shutdown zones established for HRG 
survey sound sources); 500-m radius during DP thruster use (note that 
this is the same as the mitigation powerdown zone established for DP 
thruster sound sources)) 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 Ocean Wind. 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 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.
    Ocean Wind must conduct field verification of the exclusion zone 
(the 160 dB isopleth) for HRG survey equipment and the powerdown zone 
(the 120 dB isopleth) for DP thruster use for all equipment operating 
below 200 kHz. Ocean Wind 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 
isopleth (the Level 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).
    Ocean Wind 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 Ocean Wind 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. Ocean Wind 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.

Reporting Measures

    The Applicant 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, Ocean Wind must 
ensure that NMFS and BOEM are notified of the strike within 24 hours. 
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 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), Ocean Wind 
will 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 will 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;

[[Page 31573]]

     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 will not resume until NMFS is able to review the 
circumstances of the event. NMFS will work with Ocean Wind to minimize 
reoccurrence of such an event in the future. Ocean Wind will not resume 
activities until notified by NMFS.
    In the event that Ocean Wind 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), Ocean Wind will immediately report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources and the GARFO Stranding Coordinator. The report will include 
the same information identified in the paragraph above. Activities will 
be able to continue while NMFS reviews the circumstances of the 
incident. NMFS will work with Ocean Wind to determine if modifications 
in the activities are appropriate.
    In the event that Ocean Wind 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), Ocean Wind will 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. Ocean Wind will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS. Ocean Wind 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, Ocean Wind 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 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 of the Specified Activity on 
Marine Mammals and their Habitat section, permanent threshold shift, 
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 
not 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). Prey 
species are mobile and are broadly distributed throughout the Lease 
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, 
the availability of similar habitat and resources in the surrounding 
area, and the lack of important or unique marine mammal habitat, the 
impacts to marine mammals and the food sources that they utilize are 
not expected to cause significant or long-term consequences for 
individual marine mammals or their populations. Furthermore, there are 
no rookeries or mating grounds known to be biologically important to 
marine mammals within the planned project area. A biologically 
important feeding area for North Atlantic right whale encompasses the 
Lease Area (LaBrecque et al., 2015); however, there is no temporal 
overlap between the biologically important area (BIA) (effective March-
April; November-December) and the planned survey activities (June-July; 
September). There is one ESA-listed species for which takes are 
authorized: The fin whale. There are currently insufficient data to 
determine population trends for fin whale (Waring et al., 2015); 
however, we are authorizing five takes for this species, therefore, we 
do not expect population-level impacts. There is no designated critical 
habitat for any ESA-listed marine mammals within the Lease Area, and 
none of the stocks for non-listed species taken are considered 
``depleted'' or ``strategic'' by NMFS under the MMPA.
    The planned 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 and (2) reducing the intensity of exposure within a certain 
distance by reducing the DP thruster power. Additional vessel strike 
avoidance requirements will further mitigate potential impacts

[[Page 31574]]

to marine mammals during vessel transit to and within the Study Area.
    Ocean Wind did not request, and NMFS is not authorizing, take of 
marine mammals by injury, serious injury, or mortality. NMFS expects 
that most takes will be in the form of 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 planned activities, 
the low source levels and intermittent nature of many of the 
technologies planned to be used, as well as the required mitigation 
measures.
    NMFS concludes that exposures to marine mammal species and stocks 
due to Ocean Wind's HRG and geotechnical survey activities will result 
in only short-term (temporary and short in duration) and relatively 
infrequent effects to individuals exposed and not of the type or 
severity that will be expected to be additive for the very small 
portion of the stocks and species likely to be exposed. Given the 
duration and intensity of the activities (including the mitigation) 
NMFS does not anticipate the number of takes to impact annual rates of 
recruitment or survival. Animals may temporarily avoid the immediate 
area, but are not expected to permanently abandon the area. 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 monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the planned 
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 7--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                                                                  Requested take       Stock           stock
                             Species                               authorization     abundance      potentially
                                                                     (number)        estimate        affected
----------------------------------------------------------------------------------------------------------------
Fin Whale (Balaenoptera physalus)...............................             * 5           1,618            0.31
Bottlenose Dolphin (Tursiops truncatus).........................             286          77,532           0.368
Short beaked common Dolphin (Delphinus delphis).................              32          70,184           0.045
Harbor Porpoise (Phocoena phocoena).............................             * 4          79,883           0.005
Harbor Seal (Phoca vitulina)....................................               1          75,834           0.001
----------------------------------------------------------------------------------------------------------------
* Modeled take of this species was increased to account for average group size.

    The authorized takes for the HRG and geotechnical surveys represent 
0.31 percent of the WNA stock of fin whale, 0.045 percent of the WNA 
stock of short-beaked common dolphin, 0.368 percent of the Western 
north Atlantic, offshore stock of bottlenose dolphin, 0.005 percent of 
the Gulf of Maine/Bay of Fundy stock of harbor porpoise, and 0.001 
percent of the WNA stock of harbor seal (Table 7). These take estimates 
represent the percentage of each species or stock that could be taken 
by Level B behavioral harassment and are extremely small numbers (less 
than 1 percent) relative to the affected species or stock sizes.
    Based on the analysis contained herein of the planned activity 
(including the mitigation and monitoring measures) and the anticipated 
take of marine mammals, NMFS 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 will 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 
Ocean Wind'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 prepared an Environmental Assessment (EA) in accordance with 
the National Environmental Policy Act (NEPA) and signed a Finding of No 
Significant Impact (FONSI) in June 2017. The EA and FONSI can be found 
at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm.

Authorization

    NMFS has issued an IHA to Ocean Wind for the potential harassment 
of small numbers of five marine mammal species incidental to the marine 
site characterization project off the coast of New Jersey in the area 
of the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0498), provided the 
previously mentioned mitigation, monitoring and reporting.


[[Page 31575]]


    Dated: June 30, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-14260 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-22-P