[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21098-21102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07715]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB898]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys Offshore of New Jersey

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

ACTION: Notice; request for comments on proposed Renewal incidental 
harassment authorization (IHA).

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

SUMMARY: NMFS received a request from Ocean Wind LLC (Ocean Wind) for 
the Renewal of their currently active incidental harassment 
authorization (IHA) to take marine mammals incidental to marine site 
characterization survey activities off the coast of New Jersey in the 
areas of the Bureau of Ocean Energy Management (BOEM) Commercial Lease 
of Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS)-A 0498 (Lease Area) and federal and state 
waters along potential export cable routes (ECRs) to landfall locations 
between Raritan Bay (part of the New York Bight) and Delaware Bay. 
These activities are identical to those covered in the current 
authorization, which expires on May 9, 2022. Pursuant to the Marine 
Mammal Protection Act, prior to issuing the currently active IHA, NMFS 
requested comments on both the proposed IHA and the potential for 
renewing the initial authorization if certain requirements were 
satisfied. The Renewal requirements have been satisfied, and NMFS is 
now providing an additional 15-day comment period to allow for any 
additional comments on the proposed Renewal not previously provided 
during the initial 30-day comment period.

DATES: Comments and information must be received no later than April 
26, 2022.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service and 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: Jenna Harlacher, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, Renewal request, 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 Marine Mammal Protection Act (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, an incidental harassment authorization is issued.
    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 here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed one year for each reauthorization. In the notice of proposed IHA 
for the initial authorization (86 FR 17783; April 06, 2021), NMFS 
described the circumstances under which we would consider issuing a 
Renewal for this activity, and requested public comment on a potential 
Renewal under those circumstances. Specifically, 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, activities as 
described in the Detailed Description of Specified Activities section 
of the initial IHA issuance notice is planned or (2) the activities as 
described in the Description of the Specified Activities and 
Anticipated Impacts section of this notice would not be completed by 
the time the initial IHA expires and a Renewal would allow for 
completion of the activities beyond that described in the DATES section 
of the notice of issuance of the initial IHA, provided all of the 
following conditions are met:
    1. 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).
    2. The request for renewal must include the following:
     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).

[[Page 21099]]

     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.
    3. 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.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. A description of the Renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential Renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA Renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested Renewal, and agency responses will be 
summarized in the final notice of our decision.

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 issuance of an 
incidental harassment authorization) 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 proposed IHA Renewal 
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 Renewal request.

History of Request

    On May 10, 2021, NMFS issued an IHA to Ocean Wind to take marine 
mammals incidental to marine site characterization survey activities 
off the coast of New Jersey in the areas of the Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS-A 0498) and along potential submarine cable 
routes to landfall locations in New Jersey (86 FR 6465), effective from 
May 10, 2021 through May 09, 2022. On February 18, 2022, NMFS received 
an application for the Renewal of that initial IHA. As described in the 
application for Renewal IHA, the activities for which incidental take 
is requested are identical to those covered in the initial 
authorization. As required, the applicant also provided a preliminary 
monitoring report (available at www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey) which confirms that the applicant 
has implemented the required mitigation and monitoring, and which also 
shows that no impacts of a scale or nature not previously analyzed or 
authorized have occurred as a result of the activities conducted.

Description of the Specified Activities and Anticipated Impacts

    Ocean Wind proposes to conduct a second year of high-resolution 
geophysical (HRG) marine site characterization surveys in the Lease 
Area and along potential ECRs to landfall locations in New Jersey, 
between Raritan Bay (part of the New York Bight) and Delaware Bay. The 
location, timing, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
original IHA. The purpose of the marine site characterization surveys 
are to obtain an assessment of seabed (geophysical, geotechnical, and 
geohazard), ecological, and archeological conditions within the 
footprint of a planned offshore wind facility development. Surveys are 
also conducted to support engineering design and to map unexploded 
ordnance. Underwater sound resulting from Ocean Wind's site 
characterization survey activities, specifically HRG surveys, has the 
potential to result in incidental take of marine mammals in the form of 
Level B harassment.
    In their 2020 IHA application, Ocean Wind estimated it would 
conduct surveys at a rate of 70 kilometers (km) per survey day. Ocean 
Wind defined a survey day as a 24-hour activity day. Based on the 
planned 24-hours operations, the number of estimated survey days varies 
between the Lease Area and ECR area, with 142 vessel survey days 
expected in the Lease Area and 133 vessel survey days in the ECR area, 
with a total of 275 survey days. A maximum of 2 vessels would operate 
concurrently in areas where 24-hr operations would be conducted, with 
an additional third vessel potentially conducting daylight-only survey 
effort in shallow-water areas. The Renewal IHA would authorize 
harassment of marine mammals for a second year of identical survey 
activities to be completed in one year, in the same area, using survey 
methods identical to those described in the initial IHA application; 
therefore, the anticipated impacts on marine mammals and the affected 
stocks also remain the same.
    Accordingly, the amount of take requested for the Renewal IHA is 
also identical to that authorized in the initial IHA. All active 
acoustic sources and mitigation and monitoring measures would remain 
exactly as described in the Federal Register notices of the initial 
proposed IHA (86 FR 17783; April 06, 2021) and issued initial final IHA 
(86 FR 26465; May 14, 2021).
    The following documents are referenced in this notice and include 
important supporting information:
     Initial final IHA (86 FR 26465; May 14, 2021);
     Initial proposed IHA (86 FR 17783; April 06, 2021); and
     2021 IHA application, references cited, and previous 
public comments received (available at www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey).

Detailed Description of the Activity

    A detailed description of the marine site characterization survey 
activities for which incidental take is proposed here may be found in 
the Federal Register notice of the proposed IHA (86 FR 17783; April 06, 
2021) for the initial authorization. Ocean Wind plans to complete the 
survey activities analyzed in the initial IHA by the date the IHA 
expires (May 09, 2022). The surveys Ocean Wind proposes to conduct 
under this renewal would be a second year of identical surveys in the 
same area. The general location and nature of the activities, including 
the types of equipment planned for use, are identical

[[Page 21100]]

to those described in the previous notices. The proposed Renewal IHA 
would be effective from the date of issuance to May 09, 2023 (one year 
from the expiration of the initial IHA).

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice of the proposed IHA for the initial 
authorization (86 FR 17783; April 06, 2021). NMFS has reviewed the 
preliminary monitoring data from the initial IHA, recent draft Stock 
Assessment Reports, information on relevant Unusual Mortality Events, 
and other scientific literature. Newly available information is 
described below.
    The draft 2021 Stock Assessment Reports (SARs, available online at: 
www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports) provide updated information for 
several stocks. Estimated abundance has increased for the U.S. 
population of gray seals (from 27,131 (CV=0.19) to 27,300 (CV=0.22)). 
Abundance estimates have decreased for Risso's dolphins (from 35,493 
(CV=0.19 to 35,215 (CV=0.19)) and harbor seals (from 75,834 (CV=0.15) 
to 61,336 (CV=0.08)). Abundance estimates for North Atlantic right 
whales have also been updated in the draft 2021 SAR, which states that 
right whale abundance has decreased from 412 to 368 (95% CI 356-378) 
individuals (Hayes et al., 2021).
    Roberts et al. (2021) provided updated modeling methodology 
(statistical methods for characterizing model uncertainty) with updated 
monthly densities of North Atlantic right whales since the time of the 
initial IHA. This model also incorporated additional data from spring 
2019 which added transect and sighting data. The new model results 
slightly increased density estimates for North Atlantic right whales in 
southern New England, but these results do not meaningfully impact the 
information supporting exposure estimation in the survey area here.
    NMFS has preliminarily determined that neither this nor any other 
new information affects which species or stocks have the potential to 
be affected or the pertinent information contained in the supporting 
documents for the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which the 
authorization of take is proposed here may be found in the Federal 
Register notice for the proposed initial IHA (86 FR 17783; April 06, 
2021). NMFS has reviewed the preliminary monitoring data from the 
ongoing survey work under the initial, currently active, IHA, recent 
draft Stock Assessment Reports, updates to the NARW density model 
(Roberts et al., 2021), information on relevant Unusual Mortality 
Events, and other scientific literature, and determined that neither 
this nor any other new information affects our initial analysis of 
impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notices of the 
proposed (86 FR 17783; April 06, 2021) and final (86 FR 26465; May 14, 
2021) initial IHAs. The acoustic source types, as well as source levels 
applicable to this renewal authorization, methods of take, and 
methodology of estimating take remain unchanged from the initial IHA. 
Accordingly, the stocks taken, type of take (i.e., Level B harassment 
only), and amount of take remain unchanged from what was previously 
authorized in the previously issued IHA. The amount of take proposed 
for authorization in this renewal is indicated below in Table 1.

           Table 1--Take Proposed for Authorization and Proportion of Population Potentially Affected
----------------------------------------------------------------------------------------------------------------
                                                                     Abundance    Takes by Level
                             Species                               estimate \1\    B harassment    % Population
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale--Eubalaena glacialis.................             368               9            2.44
Humpback whale--Megaptera novaeangliae..........................           1,396               2            0.14
Fin whale--Balaenoptera physalus................................           6,802               6            0.09
Sei whale--Balaenoptera borealis................................           6,292               1            0.02
Minke whale--Balaenoptera acutorostrata.........................          21,968               2            0.01
Sperm whale--Physeter macrocephalus.............................           4,349               3            0.07
Long-finned pilot whale--Globicephala melas.....................          39,215               2            0.01
Common bottlenose dolphin (offshore)--Tursiops truncatus........          62,851             262            0.42
Common bottlenose dolphin (migratory)--Tursiops truncatus.......           6,639           1,410           21.24
Short-finned pilot whale--Globicephala macrorhynchus............          28,924               2            0.01
Atlantic white-sided dolphin--Lagenorhynchus acutus.............          93,233              16            0.02
Atlantic spotted dolphin--Stenella frontalis....................          39,921               3            0.01
Risso's dolphin--Stenella frontalis.............................          35,215              30            0.09
Common dolphin--Delphinus delphis...............................         172,974             124            0.07
Harbor porpoise--Phocoena phocoena..............................          95,543              91            0.10
Harbor seal--Phoca vitulina.....................................          61,336              11            0.02
Gray seal--Halichoerus grypus...................................         451,431              11            0.00
----------------------------------------------------------------------------------------------------------------
W.N.A. = Western North Atlantic.
\1\ Abundance estimates have been updated from the initial IHA (86 FR 26465; May 14, 2021) using the 2021 Draft
  SARs (Hayes et al., 2021).

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (86 FR 26465; May 14, 2021), and the discussion of the 
least practicable adverse impact included in that document remains 
applicable. All mitigation, monitoring and reporting measures in the 
initial IHA are carried over to this proposed Renewal IHA and 
summarized below.
     Exclusion Zones (EZ): Marine mammal EZs would be 
established around the HRG survey equipment and

[[Page 21101]]

monitored by PSOs during marine site characterization surveys as 
follows: A 500-m EZ for North Atlantic right whales during use of all 
acoustic sources, and a 100-m EZ for all other marine mammals during 
use of impulsive acoustic sources (e.g., boomers and/or sparkers).
     Ramp-up: A ramp-up procedure would be used for HRG 
equipment capable of adjusting energy levels at the start or re-start 
of survey activities.
     Shutdown of HRG Equipment: 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 
would be required. 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 Level B harassment zone (48 m, non-impulsive; 141 m 
impulsive), shutdown would occur.
     Vessel strike avoidance measures: Vessel strike measures 
include, but are not limited to, separation distances for large whales 
(500 m North Atlantic right whales, 100 m other large whales; 50 m 
other cetaceans and pinnipeds), restricted vessel speeds, and 
operational maneuvers.
     Protected Species Observers (PSOs): A minimum of one NMFS-
approved PSO would be on duty and conducting visual observations at all 
times during daylight hours (i.e., from 30 minutes prior to sunrise 
through 30 minutes following sunset) and two active duty PSOs will be 
on watch during all nighttime operations.
     Reporting: Ocean Wind would submit a final technical 
report within 90 days following completion of the surveys. In the event 
that Ocean Wind personnel discover an injured or dead marine mammal, 
Ocean Wind shall report the incident to the Office of Protected 
Resources (OPR), NMFS and to the New England/Mid-Atlantic Regional 
Stranding Coordinator through the NOAA Fisheries Marine Mammal and Sea 
Turtle Stranding and Entanglement Hotline as soon as feasible. In the 
event of a ship strike of a marine mammal by any vessel involved in the 
activities covered by the authorization, Ocean Wind shall report the 
incident immediately to OPR, NMFS and to the New England/Mid-Atlantic 
Regional Stranding Coordinator through the NOAA Fisheries Marine Mammal 
and Sea Turtle Stranding and Entanglement Hotline.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (86 
FR 17783; April 06, 2021) and solicited public comments on both our 
proposal to issue the initial IHA for marine site characterization 
surveys and on the potential for a Renewal IHA, should certain 
requirements be met.
    During the 30-day comment period, NMFS did not receive any 
substantive public comments on the proposed IHA (86 FR 17783; April 06, 
2021). However, NMFS was later notified that a group of environmental 
non-governmental organizations (ENGOs) had submitted a comment letter 
during the comment period for the proposed initial IHA. NMFS did not 
receive that letter prior to issuance of the initial IHA due to an 
email quarantine issue. Below, we describe how we have addressed, with 
updated information where appropriate, any comments contained in that 
letter that specifically pertain to the Renewal of the 2021 IHA.
    Comment: The commenters objected to NMFS' process to consider 
extending any 1-year IHA with a truncated 15-day comment period as 
contrary to the MMPA.
    Response: NMFS' IHA Renewal process meets all statutory 
requirements. All IHAs issued, whether an initial IHA or a Renewal IHA, 
are valid for a period of not more than 1 year. And the public has at 
least 30 days to comment on all proposed IHAs, with a cumulative total 
of 45 days for IHA Renewals. As noted above, the Request for Public 
Comments section in the initial IHA made clear that the agency was 
seeking comment on both the initial proposed IHA and the potential 
issuance of a Renewal for this project. Because any Renewal (as 
explained in the Request for Public Comments section in the initial 
IHA) is limited to another year of identical or nearly identical 
activities in the same location (as described in the Description of 
Proposed Activity section in the initial IHA) or the same activities 
that were not completed within the one-year period of the initial IHA, 
reviewers have the information needed to effectively comment on both 
the immediate proposed IHA and a possible 1-year Renewal, should the 
IHA holder choose to request one.
    While there are additional documents submitted with a Renewal 
request, for a qualifying Renewal these are limited to documentation 
that NMFS will make available and use to verify that the activities are 
identical to those in the initial IHA, are nearly identical such that 
the changes would have either no effect on impacts to marine mammals or 
decrease those impacts, or are a subset of activities already analyzed 
and authorized but not completed under the initial IHA. NMFS will also 
confirm, among other things, that the activities will occur in the same 
location; involve the same species and stocks; provide for continuation 
of the same mitigation, monitoring, and reporting requirements; and 
that no new information has been received that would alter the prior 
analysis. The renewal request also contains a preliminary monitoring 
report, but that is to verify that effects from the activities do not 
indicate impacts of a scale or nature not previously analyzed. The 
additional 15-day public comment period provides the public an 
opportunity to review these few documents, provide any additional 
pertinent information and comment on whether they think the criteria 
for a renewal have been met. NMFS also will provide direct notice of 
the proposed Renewal to those who commented on the initial IHA, to 
provide an opportunity to submit any additional comments. Between the 
initial 30-day comment period on these same activities and the 
additional 15 days, the total comment period for a renewal is 45 days.
    In addition to the IHA Renewal process being consistent with all 
requirements under section 101(a)(5)(D), it is also consistent with 
Congress's intent for issuance of IHAs to the extent reflected in 
statements in the legislative history of the MMPA. Through the 
provision for Renewals in the regulations, description of the process 
and express invitation to comment on specific potential Renewals in the 
Request for Public Comments section of each proposed IHA, the 
description of the process on NMFS' website, further elaboration on the 
process through responses to comments such as these, posting of 
substantive documents on the agency's website, and provision of 30 or 
45 days for public review and comment on all proposed initial IHAs and 
Renewals respectively, NMFS has ensured that the public ``is invited 
and encouraged to participate fully in the agency decision-making 
process.''
    For more information, NMFS has published a description of the 
Renewal process on our website (available at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals).

Preliminary Determinations

    The survey activities proposed by Ocean Wind are identical to those 
analyzed in the initial IHA, including the planned number of days and 
general

[[Page 21102]]

location of activity (i.e., OCS-A 0498 and OCS-A 0532), as are the 
method of taking and the effects of the action. Therefore, the amount 
of take proposed for authorization is unchanged from that authorized in 
the initial IHA. The potential effects of Ocean Wind's activities 
remain limited to Level B harassment in the form of behavioral 
disturbance. No serious injury or mortality of marine mammal is 
anticipated. In analyzing the effects of the activities in the initial 
IHA, NMFS determined that Ocean Wind's activities would have a 
negligible impact on the affected species or stocks and that the 
authorized take numbers of each species or stock were small relative to 
the relevant stocks (e.g., less than one-third of the abundance of all 
stocks). The proposed mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA.
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. Based on the information and analysis 
contained here and in the referenced documents, NMFS has preliminarily 
determined the following: (1) The proposed mitigation measures will 
affect 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; (4) Ocean Wind activities 
would 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 proposed for inclusion.

Endangered Species Act

    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 is proposing to authorize 
the incidental take of four species of marine mammals that are listed 
under the ESA: The North Atlantic right, fin, sei and sperm whales. We 
requested initiation of consultation under Section 7 of the ESA with 
NMFS GARFO on February 04, 2021, for the issuance of the initial IHA. 
NMFS GARFO determined that issuance of the IHA to Ocean Wind is not 
likely to adversely affect the North Atlantic right, fin, sei, and 
sperm whale or the critical habitat of any ESA-listed species or result 
in the take of any marine mammals in violation of the ESA, and at this 
time considered the potential for a renewal. The proposed Renewal IHA 
provides no new information about the effects of the action, nor does 
it change the extent of effects of the action, or any other basis to 
require re-initiation of the Opinion; therefore, the incidental take 
statement issued for the initial IHA remains valid.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a Renewal IHA to Ocean Wind for conducting marine site 
characterization surveys offshore of New Jersey and along potential 
submarine cable routes to a landfall location in New Jersey, provided 
the previously described mitigation, monitoring, and reporting 
requirements are incorporated. A draft of the proposed and final 
initial IHA can be found at www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request 
comment on our analyses, the proposed Renewal IHA, and any other aspect 
of this Notice. Please include with your comments any supporting data 
or literature citations to help inform our final decision on the 
request for MMPA authorization.

    Dated: April 6, 2022.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2022-07715 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-22-P