[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13695-13700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04905]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA899]


Takes of Marine Mammals Incidental To Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys Off of Coastal Virginia

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

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

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SUMMARY: NMFS received a request from Dominion Energy Virginia 
(Dominion) on February 5, 2021, for a modification to the incidental 
harassment authorization (IHA) that was initially issued on August 28, 
2020 and subsequently modified and issued on December 11, 2020. The 
initial IHA as now modified allowed Dominion to take nine species of 
marine mammals, by Level B harassment, incidental to marine site 
characterization surveys conducted in the areas of the Commercial Lease 
of Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS) Offshore Virginia (Lease No. OCS-A-0483) as 
well as in coastal waters where an export cable corridor will be 
established. Dominion has recently been recording take of common 
dolphin (Delphinus Delphis) by Level B harassment at a rate that would 
exceed their authorized take limit. Therefore, NMFS is proposing to 
modify the IHA to increase authorized take by Level B harassment of 
common dolphin. The mitigation, monitoring, and reporting measures 
remain the same as prescribed in the initial IHA and no additional take 
was requested for other species. NMFS will consider public comments on 
the requested modification prior to making any final decision and 
agency responses will be summarized in the final notice of our 
decision.

DATES: Comments and information must be received no later than March 
25, 2021.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application and supporting documents (including NMFS Federal Register 
notices of the original proposed and final authorizations, and the 
previous IHA), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the 
contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the 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 incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.

History of Request

    On February 7, 2020, NMFS received a request from Dominion for an 
IHA to take marine mammals incidental to marine site characterization 
surveys in the areas of the Commercial Lease of Submerged Lands for 
Renewable Energy Development on the OCS Offshore Virginia (Lease No. 
OCS-A-0483) as well as in coastal waters where an export cable corridor 
will be established in support of the offshore wind project. Dominion's 
planned marine site characterization includes high-resolution 
geophysical (HRG) survey

[[Page 13696]]

activities. The application was deemed adequate and complete on May 12, 
2020. We published a notice of proposed IHA and request for comments in 
the Federal Register on June 17, 2020 (85 FR 36562). We subsequently 
published the final notice of our issuance of the IHA in the Federal 
Register on September 8, 2020 (85 FR 55415), with effective dates from 
August 28, 2020, to August 27, 2021. NMFS authorized the take by Level 
B harassment of 9 species (10 stocks) of marine mammals including 
bottlenose dolphin (Tursiops truncatus), pilot whale (Globicephala 
spp.), common dolphin (Delphinus delphis), Atlantic white sided dolphin 
(Lagenorhynchus acutus), Atlantic spotted dolphin (Stenella frontalis), 
Risso's dolphin (Grampus griseus), harbor porpoise (Phocoena phocoena), 
harbor seal (Phoca vitulina), and gray seal (Halichoerus grypus).
    On September 29, 2020, NMFS received a request from Dominion for a 
modification to the IHA that was issued on August 28, 2020 (85 FR 
55415; September 8, 2020). Since the issuance of the initial IHA, 
Dominion had been recording large pods of Atlantic spotted dolphin 
within the Level B harassment zone such that they were approaching the 
authorized take limit for this species. Therefore, NMFS published a 
notice of proposed IHA modification that included a 15-day public 
comment period (85 FR 71881; November 12, 2020). NMFS subsequently 
issued a modified IHA to Dominion that increased authorized take of 
spotted dolphin by Level B harassment (85 FR 81879; December 12, 2020). 
The mitigation, monitoring, and reporting measures remain the same as 
prescribed in the initial IHA. The expiration date of the IHA remained 
the same (August 27, 2021) as in the initial IHA.
    On February 5, 2021, NMFS received a subsequent request from 
Dominion for a modification to the IHA that had previously been 
modified and issued (85 FR 81879; December 12, 2020). Dominion informed 
NMFS that they were recording take of common dolphin (Delphinus 
Delphis) by Level B harassment at a rate that would exceed the 
authorized limit for this species. Therefore, NMFS is proposing to 
again modify the IHA to increase authorized take by Level B harassment 
of common dolphin. The mitigation, monitoring, and reporting measures 
remain the same as prescribed in the initial IHA and recently issued 
modified IHA. No additional take was requested for other species.

Description of the Proposed Activity and Anticipated Impacts

    The modified IHA as proposed would include the same HRG surveys in 
the same locations that were described in the initial IHA and recently 
modified IHA. The mitigation, monitoring, and reporting measures remain 
the same. NMFS refers the reader to the documents related to the 
initial IHA issued on August 28, 2020, for more detailed description of 
the project activities. These previous documents include the notice of 
proposed IHA and request for comments (85 FR 36562; June 17, 2020) and 
notice of our issuance of the IHA in the Federal Register (85 FR 55415; 
September 8, 2020). Additional information may be found in the notice 
of issuance of the recently modified IHA (85 FR 81879; December 12, 
2020).

Detailed Description of the Action

    A detailed description of the survey activities is found in these 
previous documents. The location, timing, and nature of the activities, 
including the types of HRG equipment planned for use, daily trackline 
distances and number of survey vessels (4) are identical to those 
described in the previous notices.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
is found in these previous documents, which remains applicable to this 
proposed modified IHA as well. In addition, NMFS has reviewed recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and recent scientific literature. Note that in the 
2020 Draft U.S. Atlantic and Gulf of Mexico Draft Marine Mammal Stock 
Assessment Report (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports) the abundance 
of the Western North Atlantic stock of common dolphin has increased 
slightly from 172,825 to 172,974 while the Annual Mortality/Serious 
Injury value has decreased slightly from 419 to 399. NMFS has 
determined that this information does not affect our analysis of 
impacts under the initial IHA and recently modified IHA.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat may be found in the documents 
supporting the initial and recently modified IHA. There is no new 
information on potential effects.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notice of IHA for the 
initial authorization (85 FR 55415; September 8, 2020). Revised 
estimated take numbers of spotted dolphin may be found in the 
previously issued modified IHA (85 FR 81879; December 12, 2020). The 
HRG equipment that may result in take, as well as the source levels, 
marine mammal stocks taken, marine mammal density data and the methods 
of take estimation applicable to this authorization remain unchanged 
from the initial and recently modified IHA. The proposed number of 
authorized takes is identical to those found in the recently modified 
IHA with the exception of spotted dolphin.
    NMFS had authorized 68 takes of common dolphin by Level B 
harassment in the initial IHA (85 FR 55415; September 8, 2020) and 
recently modified IHA (85 FR 81879; December 12, 2020). Since January 
17, 2021, Dominion has recorded a total of 65 common dolphins within 
the Level B harassment zone. Sighting events have ranged from a single 
dolphin to a group of up to 42 individuals. It appears that the sudden 
increase in Level B take for common dolphins is due to the animals' 
approach to the vessel for both bow riding and swimming alongside. The 
duration of these events has varied from several minutes to many hours. 
Their behavior may be due to curiosity and perhaps an enhanced feeding 
opportunity provided (after dusk) by the lighted vessels. The increase 
in common dolphins appears to be seasonal, with most (62) of the Level 
B harassment takes occurring between January 17 and January 27, 2021, 
as well as three additional takes recorded in February. There was no 
observed take of common dolphin during the preceding phases of the 
survey in the summer and fall of 2020. Dominion has directed vessels to 
shut-down at night, during periods of low visibility, or whenever 
common dolphins are sighted to avoid further accumulation of take. The 
need for frequent, lengthy shut-downs has the potential to severely 
impact the overall project schedule. That would result in the need for 
additional survey days on the water as well as increased cost and risks 
associated with extending the project schedule.
    Dominion observed common dolphins over eight operational survey 
days as shown in Table 1. Note that many of these animals were sighted 
outside of

[[Page 13697]]

the Level B harassment zone and, therefore, were not recorded as takes. 
The 62 takes over eight days averages out to just under eight takes per 
day. Given this information Dominion has conservatively requested the 
take of one pod of 10 animals every day for the remaining 60 survey 
days. NMFS concurs and is proposing 600 additional takes of common 
dolphin by Level B harassment beyond the 68 takes authorized in the 
initial IHA and recently modified IHA. The expiration date of the IHA 
would remain unchanged as August 27, 2021.

                                  Table 1--Common Dolphin Detection Events During Dominion Energy HRG Survey Activities
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                                                                                  Number of events
                                                                    Number of      that  resulted   Total number  of
                          Vessel name                            common dolphin      in Level B          Level B        Min pod size      Max pod size
                                                                detection events  harassment takes  harassment takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
R/V Minerva...................................................                 2                 0                 0                 7                15
R/V Minerva...................................................                 4                 2                14                 6                12
R/V Minerva...................................................                 4                 0                 0                 6                12
R/V Minerva...................................................                 3                 1                10                 1                10
R/V Minerva...................................................                 4                 2                15                 4                10
R/V Minerva...................................................                 2                 2                19                 7                42
R/V Minerva...................................................                 3                 1                 4                 1                 6
R/V Minerva...................................................                 2                 0                 0                 4                15
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total number of incidental takes by Level B harassment, 
including proposed modified common dolphin takes, are shown in Table 2. 
The proposed take represents 0.39 percent of the western North Atlantic 
stock of common dolphin. Take by Level A harassment was not requested, 
nor does NMFS anticipate it. NMFS did not authorize Level A harassment 
in the initial or recently modified IHA and is not proposing to do so 
as part of this proposed modification.

       Table 2--Total Numbers of Authorized Takes by Level B Harassment and as a Percentage of Population
----------------------------------------------------------------------------------------------------------------
                                                                                     Totals
                                                               -------------------------------------------------
                            Species                                                       Instances of take  as
                                                                   Take authorization         percentage of
                                                                         (No.)                population \1\
----------------------------------------------------------------------------------------------------------------
Short-finned pilot whale......................................                       12                     0.06
Bottlenose dolphin (Offshore).................................                      511                     0.81
Bottlenose dolphin (Southern Migratory Coastal)...............                      224                      6.5
Common dolphin (proposed adjusted)............................                      668                     0.39
Atlantic white-sided dolphin..................................                       44                     0.12
Spotted dolphin...............................................                    2,427                     4.38
Risso's dolphin...............................................                        6                     0.08
Harbor porpoise...............................................                       39                     0.09
Harbor seal \2\...............................................                       35                     0.02
Gray Seal \2\.................................................  .......................                     0.06
----------------------------------------------------------------------------------------------------------------
\1\ Calculations of percentage of stock taken are based on the best available abundance estimate as shown in
  Table 2 in Federal Register final notice of issuance of the IHA (85 FR 55415; September 8, 2020). In most
  cases the best available abundance estimate is provided by Roberts et al. (2016, 2017, 2018), when available,
  to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018. For bottlenose
  dolphins, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide
  abundance estimates at the stock or species level (respectively), so abundance estimates used to estimate
  percentage of stock taken for bottlenose dolphins are derived from NMFS SARs (Hayes et al. 2019).
\2\ Pinniped density values reported as ``seals'' and not species-specific.

Description of Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures described here 
are identical to those included in the Federal Register notices 
announcing the issuance of the initial IHA (85 FR 55415; September 8, 
2020) and the recently modified IHA (85 FR 81879; December 12, 2020) as 
well as the discussions of the least practicable adverse impact 
included in those documents remain accurate.
    Establishment of Exclusion Zones (EZs)--Marine mammal EZs must be 
established around the HRG survey equipment and monitored by protected 
species observers (PSOs) during HRG surveys as follows:
     500-m EZ is required for North Atlantic right whales;
     During use of the GeoMarine Dual 400 Sparker 800J, a 100-m 
EZ is required for all other marine mammals except delphinid(s) from 
the genera Delphinus, Lagenorhynchus, Stenella or Tursiops and seals;
     When only the Triple Plate Boomer 1000J is in use, a 25-m 
EZ is required for all other marine mammals except delphinid(s) from 
the genera Delphinus, Lagenorhynchus, Stenella or Tursiops and seals; 
200-m buffer zone is required for all marine mammals except those 
species otherwise excluded (i.e., North Atlantic right whale).
    If a marine mammal is detected approaching or entering the EZs 
during the survey, the vessel operator must adhere to the shutdown 
procedures described below. In addition to the EZs described above, 
PSOs must visually monitor a 200-m buffer zone for the purposes of pre-
clearance. During use of acoustic sources with the potential to result 
in marine mammal harassment (i.e., anytime the acoustic source is 
active, including ramp-up), occurrences

[[Page 13698]]

of marine mammals within the monitoring zone (but outside the EZs) must 
be communicated to the vessel operator to prepare for potential 
shutdown of the acoustic source. The buffer zone is not applicable when 
the EZ is greater than 100 m. PSOs are also required to observe a 500-m 
monitoring zone and record the presence of all marine mammals within 
this zone.
    Visual Monitoring--Monitoring must be conducted by qualified 
protected PSOs who are trained biologists, with minimum qualifications 
described in the Federal Register notice of the issuance of the initial 
IHA (85 FR 55415; September 8, 2020) and the recently modified IHA (85 
FR 81879; December 12, 2020). Dominion must have one PSO on duty during 
the day and has committed that a minimum of two NMFS-approved PSOs must 
be on duty and conducting visual observations when HRG equipment is in 
use at night. Visual monitoring must begin no less than 30 minutes 
prior to ramp-up of HRG equipment and continue until 30 minutes after 
use of the acoustic source. PSOs must establish and monitor the 
applicable EZs, Buffer Zone and Monitoring Zone as described above. 
PSOs must coordinate to ensure 360[deg] visual coverage around the 
vessel from the most appropriate observation posts, and must conduct 
observations while free from distractions and in a consistent, 
systematic, and diligent manner. PSOs are required to estimate 
distances to observed marine mammals. It is the responsibility of the 
Lead PSO on duty to communicate the presence of marine mammals as well 
as to communicate action(s) that are necessary to ensure mitigation and 
monitoring requirements are implemented as appropriate.
    Pre-Clearance of the Exclusion Zones--Prior to initiating HRG 
survey activities, Dominion must implement a 30-minute pre-clearance 
period. During pre-clearance monitoring (i.e., before ramp-up of HRG 
equipment begins), the Buffer Zone also acts as an extension of the 
100-m EZ in that observations of marine mammals within the 200-m Buffer 
Zone would also preclude HRG operations from beginning. During this 
period, PSOs must ensure that no marine mammals are observed within 200 
meters (m) of the survey equipment (500 m in the case of North Atlantic 
right whales). HRG equipment must not start up until this 200-m zone 
(or, 500-m zone in the case of North Atlantic right whales) is clear of 
marine mammals for at least 30 minutes. The vessel operator must notify 
a designated PSO of the proposed start of HRG survey equipment as 
agreed upon with the lead PSO; the notification time must not be less 
than 30 minutes prior to the planned initiation of HRG equipment in 
order to allow the PSOs time to monitor the EZs and Buffer Zone for the 
30 minutes of pre-clearance.
    If a marine mammal is observed within the relevant EZs or Buffer 
Zone during the pre-clearance period, initiation of HRG survey 
equipment must not begin until the animal(s) has been observed exiting 
the respective EZ or Buffer Zone, or, until an additional time period 
has elapsed with no further sighting (i.e., minimum 15 minutes for 
porpoises, and 30 minutes for all other species). The pre-clearance 
requirement includes small delphinoids. PSOs must also continue to 
monitor the zone for 30 minutes after survey equipment is shut down or 
survey activity has concluded.
    Ramp-Up of Survey Equipment--When technically feasible, a ramp-up 
procedure must be used for geophysical survey equipment capable of 
adjusting energy levels at the start or re-start of survey activities. 
The ramp-up procedure must be used at the beginning of HRG survey 
activities in order to provide additional protection to marine mammals 
near the Survey Area by allowing them to detect the presence of the 
survey and vacate the area prior to the commencement of survey 
equipment operation at full power. Ramp-up of the survey equipment must 
not begin until the relevant EZs and Buffer Zone has been cleared by 
the PSOs, as described above. HRG equipment must be initiated at their 
lowest power output and would be incrementally increased to full power. 
If any marine mammals are detected within the EZs or Buffer Zone prior 
to or during ramp-up, the HRG equipment must be shut down (as described 
below).
    Shutdown Procedures--If an HRG source is active and a marine mammal 
is observed within or entering a relevant EZ (as described above) an 
immediate shutdown of the HRG survey equipment is required. When 
shutdown is called for by a PSO, the acoustic source must be 
immediately deactivated and any dispute resolved only following 
deactivation. Any PSO on duty has the authority to delay the start of 
survey operations or to call for shutdown of the acoustic source if a 
marine mammal is detected within the applicable EZ. The vessel operator 
must establish and maintain clear lines of communication directly 
between PSOs on duty and crew controlling the HRG source(s) to ensure 
that shutdown commands are conveyed swiftly while allowing PSOs to 
maintain watch. Subsequent restart of the HRG equipment must only occur 
after the marine mammal has either been observed exiting the relevant 
EZ, or, until an additional time period has elapsed with no further 
sighting of the animal within the relevant EZ.
    Upon implementation of shutdown, the HRG source may be reactivated 
after the marine mammal that triggered the shutdown has been observed 
exiting the applicable EZ (i.e., the animal is not required to fully 
exit the Buffer Zone where applicable) or, following a clearance period 
of 15 minutes for small odontocetes and seals and 30 minutes for all 
other species with no further observation of the marine mammal(s) 
within the relevant EZ. If the HRG equipment shuts down for brief 
periods (i.e., less than 30 minutes) for reasons other than mitigation 
(e.g., mechanical or electronic failure) the equipment may be re-
activated as soon as is practicable at full operational level, without 
30 minutes of pre-clearance, only if PSOs have maintained constant 
visual observation during the shutdown and no visual detections of 
marine mammals occurred within the applicable EZs and Buffer Zone 
during that time. For a shutdown of 30 minutes or longer, or if visual 
observation was not continued diligently during the pause, pre-
clearance observation is required, as described above.
    The shutdown requirement is waived for certain genera of small 
delphinids (i.e., Delphinus, Lagenorhynchus, Stenella, or Tursiops) 
under certain circumstances. If a delphinid(s) from these genera is 
visually detected within the EZ shutdown would not be required. If 
there is uncertainty regarding identification of a marine mammal 
species (i.e., whether the observed marine mammal(s) belongs to one of 
the delphinid genera for which shutdown is waived), PSOs must use best 
professional judgment in making the decision to call for a shutdown.
    If a species for which authorization has not been granted, or a 
species for which authorization has been granted but the authorized 
number of takes have been met, approaches or is observed within the 
area encompassing the Level B harassment isopleth (100 m or 25 m), 
shutdown must occur.
    Vessel Strike Avoidance--Dominion must comply with vessel strike 
avoidance measures as described in the Federal Register notices of the 
issuance of initial IHA (85 FR 55415; September 8, 2020) and recently 
modified IHA (85 FR 81879; December 12, 2020).
    Seasonal Operating Requirements--Dominion will conduct HRG survey 
activities in the vicinity of the North Atlantic right whale Mid-
Atlantic seasonal management area (SMA) near

[[Page 13699]]

Norfolk and the mouth of the Chesapeake Bay. Activities conducted prior 
to May 1 must comply with the seasonal mandatory speed restriction 
period for this SMA (November 1 through April 30) for any survey work 
or transit within this area.
    Throughout all phases of the survey activities, Dominion must 
monitor NOAA Fisheries North Atlantic right whale reporting systems for 
the establishment of a dynamic management area (DMA). If NMFS 
establishes a DMA in the Lease Area or cable route corridor being 
surveyed, within 24 hours of the establishment of the DMA, Dominion is 
required to work with NMFS to shut down and/or alter activities to 
avoid the DMA.
    Training--Project-specific training is required for all vessel crew 
prior to the start of survey activities.
    Reporting--PSOs must record specific information on the sighting 
forms as described in the Federal Register notices of the issuance of 
the initial IHA (85 FR 55415; September 8, 2020) and the recently 
modified IHA (85 FR 81879; December 12, 2020). Within 90 days after 
completion of survey activities, Dominion must provide NMFS with a 
monitoring report which includes summaries of recorded takes and 
estimates of the number of marine mammals that may have been harassed.
    In the event of a ship strike or discovery of an injured or dead 
marine mammal, Dominion must report the incident to the OPR, NMFS and 
to the New England/Mid-Atlantic Regional Stranding Coordinator as soon 
as feasible. The report must include the information listed in the 
Federal Register notices of the issuance of the initial IHA (85 FR 
55415; September 8, 2020) and the recently modified IHA (85 FR 81879; 
December 12, 2020).
    Based on our evaluation of the applicant's measures in 
consideration of the increased estimated take for spotted dolphins, 
NMFS has re-affirmed the determination that the required mitigation 
measures provide the means effecting the least practicable impact on 
spotted dolphins and their habitat.

Preliminary Determinations

    Dominion's HRG survey activities and the mitigation, monitoring, 
and reporting requirements are unchanged from those covered in the 
initial IHA. The effects of the activity, taking into consideration the 
mitigation and related monitoring measures, remain unchanged from those 
stated in the initial IHA, notwithstanding the increase to the 
authorized amount of common dolphin take. Specifically, the Level B 
harassment authorized for common dolphins is expected to be of lower 
severity, predominantly in the form of avoidance of the sound source 
and potential occasional interruption of foraging. With approximately 
60 survey days remaining, NMFS is proposing to increase authorized 
spotted dolphin take by Level B harassment to 668 from 68. Even in 
consideration of the increased estimated numbers of take by Level B 
harassment, the impacts of these lower severity exposures are not 
expected to accrue to the degree that the fitness of any individuals is 
impacted, and, therefore no impacts on annual rates of recruitment or 
survival will result. Further, and separately, the proposed take amount 
of common dolphin still would be of small numbers of spotted dolphins 
relative to the population size (less than one percent), as take that 
is less than one third of the species or stock abundance is considered 
by NMFS to be small numbers. In conclusion, there is no new information 
suggesting that our effects analysis or negligible impact finding for 
common dolphins should change.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily reaffirmed the following: (1) The 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the proposed authorized takes represent 
small numbers of marine mammals relative to the affected stock 
abundances; and (4) Dominion'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, and 
(5) appropriate monitoring and reporting requirements are included.

Endangered Species Act (ESA)

    No incidental take of ESA-listed species is authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for 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 (i.e., the modification of an IHA) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or 
mortality) 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. Accordingly, NMFS has 
preliminarily determined that the issuance of the modified IHA 
qualifies to be categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA request.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
modify the IHA to Dominion for conducting marine site characterization 
surveys in the areas of the Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf Offshore 
Virginia (Lease No. OCS-A-0483) as well as in coastal waters where an 
export cable corridor will be established in support of the CVOW 
Commercial Project effective until August 27, 2021. The only change is 
an increase in the authorized take by Level B harassment of common 
dolphins from 68 to 668. A draft of the proposed modified IHA can be 
found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.

Request for Public Comments

    We request comment on our proposed modification of the IHA for 
Dominion's marine site characterization surveys. We also request 
comment on the potential for renewal of this modified IHA as described 
in the paragraph below. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization or subsequent Renewal 
IHA.
    On a case-by-case basis, NMFS may issue a one-time, one-year 
Renewal IHA following notice to the public providing an additional 15 
days for public comments when (1) up to another year of identical or 
nearly identical, or nearly identical, activities as described in the 
Description of Proposed Activities and Anticipated Impacts section of 
this notice is planned or (2) the activities as described in the 
Description of Proposed Activities and Anticipated

[[Page 13700]]

Impacts section of this notice would not be completed by the time the 
IHA expires and a Renewal would allow for completion of the activities 
beyond that described in the Dates and Duration section of this notice, 
provided all of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to the needed Renewal IHA effective date (recognizing that the 
Renewal IHA expiration date cannot extend beyond one year from 
expiration of the initial IHA).
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested Renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take); 
and
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    Upon review of the request for Renewal, the status of the affected 
species or stocks, and any other pertinent information, NMFS determines 
that there are no more than minor changes in the activities, the 
mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.

    Dated: March 4, 2021.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2021-04905 Filed 3-9-21; 8:45 am]
BILLING CODE 3510-22-P