[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42357-42359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15105]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA238]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys Offshore of Massachusetts, Rhode Island, Connecticut, and New 
York

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

ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from Vineyard Wind, LLC (Vineyard 
Wind) for the re-issuance of a previously issued incidental harassment 
authorization (IHA) with the only change being effective dates. The 
initial IHA authorized take of 14 species of marine mammals, by Level B 
harassment, incidental to incidental to marine site characterization 
survey activities off the coast of Massachusetts in the areas of the 
Commercial Lease of Submerged Lands for Renewable Energy Development on 
the Outer Continental Shelf (OCS-A 0501 and OCS-A 0522) and along 
potential submarine cable routes to a landfall location in 
Massachusetts, Rhode Island, Connecticut, and New York. The project has 
been delayed and none of the work covered in the initial IHA has been 
conducted. The initial IHA was effective from June 1, 2020 through May 
31, 2021. Due to delays, Vineyard Wind has requested re-issuance with 
new effective dates of June 21, 2020 through June 20, 2021. The scope 
of the activities and anticipated effects remain the same, authorized 
take numbers are not changed, and the required mitigation, monitoring, 
and reporting remains the same as included in the initial IHA. NMFS is, 
therefore, issuing a second identical IHA to cover the incidental take 
analyzed and authorized in the initial IHA.

DATES: This authorization is effective from June 21, 2020, through June 
2020, 2021.

ADDRESSES: An electronic copy of the final 2020 IHA previously issued 
to Vineyard Wind, Vineyard Wind's application, and the Federal Register 
notices proposing and issuing the initial IHA may be obtained by 
visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-vineyard-wind-llc-marine-site-characterization-surveys. 
In case of problems accessing these documents, please call the contact 
listed below (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as 
delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    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

[[Page 42358]]

mammal or marine mammal stock in the wild (Level A harassment); or (ii) 
has the potential to disturb a marine mammal or marine mammal stock in 
the wild by causing disruption of behavioral patterns, including, but 
not limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On May 6, 2020 NMFS published final notice of our issuance of an 
IHA for the take of small numbers of marine mammals incidental to site 
characterization surveys with effective dates of June 1, 2020 through 
May 31, 2021 (85 FR26962). On May 27, 2020 Vineyard Wind requested that 
the effective dates of the IHA be revised to June 21, 2020 through June 
20, 2021 due to operational delays. With up to 365 vessel days planned 
for survey activities, Vineyard Wind wants to be most efficient with 
the one-year duration of the IHA. The re-issued IHA would be identical 
to the previously issued IHA. Therefore, re-issuance of the IHA is 
appropriate

Summary of Specified Activity and Anticipated Impacts

    The planned activities (including mitigation, monitoring, and 
reporting), authorized incidental take, and anticipated impacts on the 
affected stocks are the same as those analyzed and authorized through 
the previously issued IHA.
    The purpose of Vineyard Wind's marine site characterization surveys 
is to obtain a baseline assessment of seabed/sub-surface soil 
conditions in the Lease Area and cable route corridors to support the 
siting of potential future offshore wind projects. Underwater sound 
resulting from Vineyard Wind's proposed site characterization surveys, 
including the use of high-resolution geophysical (HRG) equipment, are 
expected to produce sound in the marine environment that may result in 
the behavioral harassment of marine mammals. The location, timing, and 
nature of the activities, including the types of equipment planned for 
use, are within scope of those described in the initial IHA. The 
mitigation and monitoring are also as prescribed in the initial IHA.
    Fourteen marine mammal species are expected to be taken by Level B 
harassment. A description of the methods and inputs used to estimate 
take anticipated to occur and, ultimately, the take that was authorized 
is found in the previous documents referenced above. The data inputs 
and methods of estimating take are identical to those used in the 
initial IHA. NMFS has reviewed recent Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and recent scientific 
literature, and determined that no new information affects our original 
analysis of impacts or take estimate under the initial IHA.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 
initial 2020 IHA for Vineyard Wind's site characterization survey work 
(85 FR 26962), Vineyard Wind's application, the Federal Register notice 
of the proposed IHA (85 FR 7952), and all associated references and 
documents.

Determinations

    Vineyard Wind will conduct activities as analyzed in the initial 
2020 IHA. As described above, the number of authorized takes of the 
same species and stocks of marine mammals are identical to the numbers 
that were found to meet the negligible impact and small numbers 
standards and authorized under the initial IHA and no new information 
has emerged that would change those findings. The re-issued 2020 IHA 
includes identical required mitigation, monitoring, and reporting 
measures as the initial IHA, and there is no new information suggesting 
that our analysis or findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has determined the following: (1) The required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; and (4) Vineyard 
Wind's activities will not have an unmitigable adverse impact on taking 
for subsistence purposes as no relevant subsistence uses of marine 
mammals are implicated by this action.

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.
    Accordingly, NMFS has determined that the issuance of the IHA 
qualifies to be categorically excluded from further NEPA review. This 
action is consistent with categories of activities identified in CE B4 
of the Companion Manual for NOAA Administrative Order 216-6A, which do 
not individually or cumulatively have the potential for significant 
impacts on the quality of the human environment and for which we have 
not identified any extraordinary circumstances that would preclude this 
categorical exclusion.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) requires that each Federal agency insure that any action 
it authorizes, funds, or carries out is not likely to jeopardize the 
continued existence of any endangered or threatened species or result 
in the destruction or adverse modification of designated critical 
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS 
consults internally, in this case with the NMFS Greater Atlantic 
Regional Fisheries Office (GARFO), whenever we propose to authorize 
take for endangered or threatened species.
    The NMFS Office of Protected Resources Permits and Conservation 
Division is authorizing the incidental take of four species of marine 
mammals which are listed under the ESA: The North Atlantic right, fin, 
sei and sperm whale. We requested initiation of consultation under 
Section 7 of the ESA with NMFS GARFO on February 12, 2020, for the 
issuance of this IHA. BOEM consulted with NMFS GARFO under section 7 of 
the ESA 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. The NMFS GARFO 
issued a Biological Opinion concluding that these activities may 
adversely affect but are not likely to jeopardize the continued 
existence of the North Atlantic right, fin, sei and sperm whale. Upon 
request from the NMFS Office of Protected Resources, NMFS GARFO issued 
an amended incidental take statement associated with this Biological 
Opinion to include the take of the ESA-listed marine mammal species 
authorized through this IHA in April, 2020.

Authorization

    NMFS has issued an IHA to Vineyard Wind for marine site 
characterization surveys associated with the specified activity from 
June 21, 2020, through June 20, 2021. All previously described 
mitigation, monitoring, and reporting requirements from the initial 
2020 IHA are incorporated.


[[Page 42359]]


    Dated: July 8, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-15105 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-22-P