[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Page 71058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA612]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys; Correction

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

ACTION: Notice; correction.

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SUMMARY: On October 8, 2020, a notice was published in the Federal 
Register announcing the issuance of an incidental harassment 
authorization (IHA) for take of marine mammals incidental to marine 
site characterization surveys in coastal waters from New York to 
Massachusetts. That document inadvertently omitted NMFS' response to a 
recommendation from the Marine Mammal Commission, and contained a 
grammatical error. This document corrects these errors; all other 
information is unchanged.

FOR FURTHER INFORMATION CONTACT: Carter Esch, Office of Protected 
Resources, NMFS, (301) 427-8421.

SUPPLEMENTARY INFORMATION:

Background

    NMFS published a notice in the Federal Register on October 8, 2020 
(85 FR 65308) announcing that an IHA had been issued to [Oslash]rsted 
Wind Power North America, LLC, authorizing the take of marine mammals 
incidental to marine site characterization surveys in coastal waters 
from New York to Massachusetts, effective for one year from the date of 
issuance. NMFS refers the reader to the October 8, 2020, Federal 
Register notice (85 FR 65308) for background information concerning the 
IHA. The information in the notice of issuance is not repeated here. As 
published, the notice of issuance contains errors which are corrected 
here.

Correction

    1. In FR Doc. 2020-22307, on page 63509 in the second column, the 
response to Comment 1 is corrected to read as follows:
    Comment 1: The Commission assesses that ``it is reasonable to 
conclude that incidental taking of marine mammals could occur'' as a 
result of [Oslash]rsted's specified activity, while asserting that the 
size of the Level B harassment zones is overestimated. Given this, the 
Commission states that the required mitigation (e.g., implementation of 
shutdown upon observation of marine mammals within defined zones) would 
``minimize'' the potential for marine mammal takes to occur and, as a 
result, states its belief that issuance of an IHA for the proposed 
activities is unnecessary.
    Response: NMFS appreciates the Commission's consideration of the 
proposed IHA and will consider the Commission's position in the future, 
should further take authorization requests be received for similar 
activities. As it relates to this activity, [Oslash]rsted has requested 
the authorization of take and NMFS has acted on that request, as 
required by the MMPA. As the Commission notes, it is reasonable to 
conclude that incidental taking could occur and, while NMFS shares the 
opinion that the prescribed mitigation may be effective in avoiding 
take for these activities, we have evaluated and authorized the take 
that could occur as precautionarily requested by [Oslash]rsted. As 
described herein, NMFS has issued the requested IHA to [Oslash]rsted.
    2. On page 63517 in the third column, the final sentence is 
corrected to read as follows:
    As described above, NMFS has determined that the likelihood of take 
of any marine mammals in the form of Level A harassment occurring as a 
result of the surveys is so low as to be discountable; therefore, we do 
not authorize take of any marine mammals by Level A harassment.

    Dated: November 3, 2020.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-24715 Filed 11-5-20; 8:45 am]
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