[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27575-27597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09917]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB832]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys Off New Jersey by NextEra Energy Transmission MidAtlantic 
Holdings, LLC

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments on proposed authorization and possible renewal.

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SUMMARY: NMFS has received a request from NextEra Energy Transmission 
MidAtlantic Holdings, LLC (NEETMA) for authorization to take marine 
mammals incidental to high-resolution geophysical (HRG) site 
characterization surveys off the coast of New Jersey. Pursuant to the 
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to issue an incidental harassment authorization (IHA) to 
incidentally take marine mammals during the specified activities. NMFS 
is also requesting comments on a possible one-time, one-year Renewal 
that could be issued under certain circumstances and if all 
requirements are met, as described in Request for Public Comments at 
the end of this notice. NMFS will consider public comments prior to 
making any final decision on the issuance of the requested MMPA 
authorization and agency responses will be summarized in the final 
notice of our decision.

DATES: Comments and information must be received no later than June 8, 
2022.

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].

[[Page 27576]]

    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. All comments received are a part of 
the public record and will generally be posted online at 
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: Kelsey Potlock, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, 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 proposed or, if the taking is limited to harassment, a notice of a 
proposed incidental harassment authorization is 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 the 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 the takings are set forth.
    The definitions of all applicable MMPA statutory terms cited above 
are included in the relevant sections below.

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 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 proposed 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.

Summary of Request

    On February 4, 2022, NMFS received a request from NextEra Energy 
Transmission MidAtlantic Holdings, LLC (NEETMA) for an IHA to take 
marine mammals incidental to marine site characterization surveys 
occurring in two locations (Northern and Southern survey areas) off the 
coast of New Jersey in the New Jersey Offshore Transmission Facilities 
Project (NJOTF or Project). The application was deemed adequate and 
complete on April 1, 2022. NEETMA's request is for take of a small 
number of 15 marine mammal species (consisting of 16 stocks) by Level B 
harassment only. Neither NEETMA nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, an IHA is 
appropriate.

Description of Proposed Activity

Overview

    NEETMA proposes to conduct HRG and geotechnical surveys as part of 
the New Jersey Offshore Transmission Facilities Project NJOTF off the 
coast of New Jersey. The surveys will take place along proposed 
submarine export cable routes and at locations for potential offshore 
platforms. Geotechnical survey activities would include the use of 
vibracores and/or cone penetration tests (CPTs), to identify and 
characterize the seabed conditions vertically for project planning and 
design, and to collect data to identify paleolandscapes.
    The purpose of the proposed surveys are to support the siting and 
design of offshore facilities, including offshore platforms for 
converter stations and offshore submarine transmission cables. As many 
as three survey vessels may operate concurrently as part of the 
proposed surveys. Underwater sound resulting from NEETMA's proposed 
site characterization survey activities, specifically HRG surveys, has 
the potential to result in incidental take of marine mammals in the 
form of behavioral harassment.

Dates and Duration

    The estimated duration of the activity is expected to consist of up 
to 320 total survey days over the course of a single year within the 
two survey areas (Table 1). As multiple vessels (i.e., three survey 
vessels) may be operating concurrently across both survey areas, each 
day that a single survey vessel is operating constitutes a single 
survey day. Therefore, it is expected that the anticipated 320 survey 
days would occur over a shorter aggregate duration. This schedule is 
based on 24-hour operations that may be conducted at any time 
throughout the year. The schedule presented here for this proposed 
project has accounted for potential down time due to inclement weather 
or other project-related delays. The IHA would be effective for a 
period of one year.

     Table 1--Number of Survey Days That NEETMA Plans To Perform the
                     Described HRG Survey Activities
------------------------------------------------------------------------
                                                       Number of  active
                     Survey area                          survey  days
                                                          expected \1\
------------------------------------------------------------------------
Northern.............................................                248
Southern.............................................                 72
                                                      ------------------
    Total............................................                320
------------------------------------------------------------------------
\1\ Up to three total survey vessels may be operating within both of the
  survey areas concurrently.

Specific Geographic Region

    NEETMA's proposed activities would occur in the Northwest Atlantic 
Ocean within Federal and state waters (Figure 1). Surveys would occur 
in both the Northern and Southern survey areas along potential areas 
for future offshore

[[Page 27577]]

platforms used for converter stations and potential offshore submarine 
transmission cable routes. NEETMA's proposed activities would occur 
within the NJOTF. The total site area is approximately 1,861,198 acres 
(2,908.121 square miles (mi\2\); 7,532 square kilometers (km\2\)) and 
extends approximately 51 nautical miles (nm; 59.03 miles (mi); 95 
kilometers (km)) offshore at its furthest point with some coastal 
surveys planned. However, the expected area to be surveyed is much 
smaller than the total site area, consisting of 6,254 km\2\ in the 
Northern survey area and 1,278 km\2\ in the Southern. This equates to 
approximately 5,183.97 km\2\ of ensonified area over the duration of 
the activities.
BILLING CODE 3510-22-P

[[Page 27578]]

[GRAPHIC] [TIFF OMITTED] TN09MY22.032

BILLING CODE 3510-22-C

Detailed Description of Specific Activity

    NEETMA's proposed marine site characterization surveys include HRG 
and geotechnical survey activities. These surveys would occur within 
both the Northern and Southern areas off New Jersey, as specified in 
Figure 1. The Northern and Southern Project areas are

[[Page 27579]]

approximately 7,532 km\2\ (1,861,197.73 acres) and are located 
approximately 95 kilometers offshore of New Jersey at the furthest 
point. For the purposes of this proposed IHA, both the Northern and 
Southern areas are collectively referred to as the survey sites. 
NEETMA's survey activities are anticipated to be supported by vessels, 
which will maintain a speed of approximately to 4 knots (kn; 7.4 
kilometer per hour (km/h)) while transiting survey lines. The proposed 
HRG and geotechnical survey activities are described below.

Proposed Geotechnical Survey Activities

    NEETMA's proposed geotechnical activities would include the 
drilling of vibracores and/or CPTs. Similar proposed activities have 
been previously analyzed, e.g., see the proposed 2020 Federal Register 
notice (85 FR 7926; February 12, 2020) and the proposed 2022 Federal 
Register notice (87 FR 4200; January 27, 2022) for Atlantic Shores' 
site characterization surveys. The same discussion by NMFS to not 
analyze the geotechnical activities further that was included in that 
notice (i.e., as they do not constitute take of marine mammals) was 
determined to apply to this proposed project. In these notifications, 
NMFS determined that the likelihood of the proposed geotechnical 
surveys resulting in harassment of marine mammals was to be so low as 
to be discountable. As this information remains applicable and NMFS' 
determination has not changed, these activities will not be discussed 
further in this proposed notification.

Proposed Geophysical Survey Activities

    NEETMA has proposed that HRG survey operations would be conducted 
continuously 24 hours a day. Based on 24-hour operations, the estimated 
total duration of the proposed activities would be approximately 320 
survey days. This includes 248 days of survey activities in the 
Northern area and 72 days in the Southern area (refer back to Table 1). 
As previously discussed above, this schedule does include potential 
down time due to inclement weather or other project-related delays. The 
HRG survey activities will be supported by vessels of sufficient size 
to accomplish the survey goals in each of the specified survey areas. 
It is assumed surveys in both of the identified survey areas will be 
executed by a total of three vessels during any given campaign (i.e., 
up to three vessels operating collectively across the 320 days of the 
proposed project but each vessel may operate concurrently in either the 
Northern or Southern survey areas). HRG survey equipment will either be 
mounted to or towed behind the survey at a typical survey speed of 
approximately 4 knot (7.4 km per hour).
    The geophysical survey activities proposed by NEETMA may include 
the use of the following equipment:
     Shallow Penetration Sub-bottom Profilers (SBPs; Compressed 
High- Intensity Radiated Pulses [CHIRPs]);
     Medium penetration SBPs (Boomers);
     Medium penetration SBPs (Sparkers);
     Parametric SBPs, also called sediment echosounders;
     Ultra-short Baseline (USBL) Positioning and Global 
Acoustic Positioning System (GAPS);
     Multibeam echosounder (MBES); and
     Seafloor imaging (sidescan sonar).

    However, not all of the equipment described above has the potential 
to harass marine mammals. The MBES and sidescan sonar are known to 
produce sounds outside the hearing range of marine mammals (>180 kHz); 
therefore these are not discussed further in this notice as they are 
not expected to cause harassment. Specifically due to its functionality 
and source characteristics as USBLs are primarily used to locate the 
position(s) of other HRG equipment, USBLs are not expected to have the 
reasonable potential to cause harassment of marine mammals. Lastly, 
parametric SBPs tend to operate at high frequencies with very narrow 
beamwidth, which results in small harassment zones (<4 m). Further, due 
to the size of the Level B harassment zones produced by these acoustic 
sources, both NMFS and NEETMA do not expect harassment to occur. 
Therefore, and as noted in the IHA application, NMFS concurs that the 
shallow and medium SBPs (Sparkers, Boomers, and CHIRPs) have the 
potential to cause harassment to marine mammals.
    Table 2 identifies the representative survey equipment that may be 
used in support of planned geophysical survey activities that may also 
cause the take of marine mammals. The make and model of the listed 
equipment may vary depending on availability and the final equipment 
choices will vary depending upon the final survey design, vessel 
availability, and survey contractor selection. Geophysical surveys are 
expected to use several equipment types concurrently in order to 
collect multiple aspects of geophysical data along one transect. 
Selection of equipment combinations is based on specific survey 
objectives. All categories of representative HRG survey equipment shown 
in Table 2 work with operating frequencies <180 kHz.

                          Table 2--Summary of Representative Equipment Specifications With Operating Frequencies Below 180 kHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Operational     Source level0-                                            Pulse
                                                        Operating      source level    peak  (dB re 1     Beamwidth  ranges    Typical pulse  repetition
 Equipment  category     HRG survey equipment type      frequency     ranges  (dB re     [mu]Pa m)            (degrees)          durations        rate
                                                      ranges  (kHZ)    1 [mu]Pa m)                                             (millisecond)     (Hz)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Non-Parametric Shallow Penetration SBPS (Non-Impulsive)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHIRPs...............  ET 216 (2000DS or 3200 top              2-16              195  ...............  24....................             20           6
                        unit).
                                                                2-8
                       ET 424......................            4-24              176  ...............  71....................            3.4           2
                       ET 512......................          0.7-12              179  ...............  80....................              9           8
                       GeoPulse 5430A..............            2-17              196  ...............  55....................             50          10
                       Teledyne Benthose Chirp III--            2-7              197  ...............  100...................             60          15
                        TTV 170.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Medium Penetration SBPs (Impulsive)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sparker..............  AA, Dura-spark UHD (400              0.3-1.2              203              211  Omnidirectional.......            1.1           4
                        tips, 500 J) \1\.
                       GeoMarine Geo Spark 2000              0.05-3              203              213  Omnidirectional.......            3.4           1
                        (400 tip) \1\.
Boomer...............  AA, triple plate S-Boom (700-          0.1-5              205              211  80....................            0.6           4
                        1,000 J) \2\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: --= not applicable; [mu]Pa = micropascal; AA = Applied Acoustics; dB = decibel; ET = EdgeTech; J = joule; Omni = omnidirectional source; re =
  referenced to; SL = source level; 0-PK = zero-to-peak; RMS = root mean squared; UHD = ultra-high definition.

[[Page 27580]]

 
\1\ The Dura-spark measurements and specifications provided in Crocker and Fratantonio (2016) were used for all sparker systems proposed for the survey.
  These include variants of the Dura-spark sparker system and various configurations of the GeoMarine Geo-Source sparker system. The data provided in
  Crocker and Fratantonio (2016) represent the most applicable data for similar sparker systems with comparable operating methods and settings when
  manufacturer or other reliable measurements are not available.
\2\ Crocker and Fratantonio (2016) provide S-Boom measurements using two different power sources (CSP-D700 and CSP-N). The CSP-D700 power source was
  used in the 700 J measurements but not in the 1,000 J measurements. The CSP-N source was measured for both 700 J and 1,000 J operations but resulted
  in a lower SL; therefore, the single maximum SL value was used for both operational levels of the S-Boom.

    The deployment of HRG survey equipment, including the equipment 
planned for use during NEETMA's proposed activities, produces sound in 
the marine environment that has the potential to result in harassment 
of marine mammals. Proposed mitigation, monitoring, and reporting 
measures are described in detail later in this document (please see 
Proposed Mitigation and Proposed Monitoring and Reporting).

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of NEETMA's application summarize available 
information regarding status and trends, distribution and habitat 
preferences, and behavior and life history, of the potentially affected 
species. Additional information regarding population trends and threats 
may be found in NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's 
website (https://www.fisheries.noaa.gov/find-species).
    Table 3 lists all species or stocks for which take is expected and 
proposed to be authorized for this action, and summarizes information 
related to the population or stock, including regulatory status under 
the MMPA and Endangered Species Act (ESA) and potential biological 
removal (PBR), where known. For taxonomy, we follow Committee on 
Taxonomy (2021). PBR is 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 (as described in NMFS' SARs). While no 
mortality is anticipated or authorized here, PBR and annual serious 
injury and mortality from anthropogenic sources are included here as 
gross indicators of the status of the species and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS' draft 2021 SARs. All values presented in Table 3 are the most 
recent available at the time of publication and are available in the 
draft 2021 SARs available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.

                     Table 3--Marine Mammal Species Likely To Occur Near the Project Area That May Be Affected by NEETMA's Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        ESA/MMPA  status;    Stock abundance  (CV,
             Common name                  Scientific name               Stock            strategic  (Y/N)      Nmin, most recent       PBR     Annual  M/
                                                                                               \1\           abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale..........  Eubalaena glacialis....  Western North Atlantic  E/D, Y               368 (0; 356; 2020) \5\        0.8       18.6
                                                                                                             \6\.
Fin whale...........................  Balaenoptera physalus..  Western North Atlantic  E/D, Y               6,802 (0.24; 5,573;            11       2.35
                                                                                                             2016).
Humpback whale......................  Megaptera novaengliae..  Gulf of Maine.........  -/-, Y               1,396 (0; 1,380; 2016)         22      12.15
Minke whale.........................  Balaenoptera             Canadian East Coastal.  -/-, N               21,968 (0.31; 17,002;         170       10.6
                                       acutorostrata.                                                        2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sperm whale.........................  Physeter macrocephalus.  North Atlantic........  E/D, Y               4,349 (0.28; 3,451;           3.9          0
                                                                                                             2016).
Risso's dolphin.....................  Grampus griseus........  Western North Atlantic  -/-, N               35,493 (0.19; 30,289;         303       54.3
                                                                                                             2016).
Long-finned pilot whale.............  Globicephala melas.....  Western North Atlantic  -/-, N               39,215 (0.3; 30,627;          306         21
                                                                                                             2016).
Short-finned pilot whale............  Globicephala             Western North Atlantic  -/-, Y               28,924 (0.24; 23,637,         236        136
                                       macrorhynchus.                                                        2016).
Atlantic white-sided dolphin........  Lagenorhynchus acutus..  Western North Atlantic  -/-, N               93,233 (0.71; 54,443;         544         26
                                                                                                             2016).
Common dolphin......................  Delphinus delphis......  Western North Atlantic  -/-, Y               172,897 (0.21,                526        399
                                                                                                             145,216, 2016).
Common bottlenose dolphin...........  Tursiops truncatus.....  Western North           -/-, N               62,851 (0.23; 51,914;         519         28
                                                                Atlantic--Offshore.                          2016).
                                                               Western North           -/D, Y               6,639 (0.41; 4,759;            48  12.2-21.5
                                                                Atlantic--Coastal                            2016).
                                                                Migratory.
Atlantic spotted dolphin............  Stenella frontalis.....  Western North Atlantic  -/-, N               39,921 (0.27; 32,032;         320          0
                                                                                                             2016).
Harbor porpoise.....................  Phocoena phocoena......  Gulf of Maine/Bay of    -/-, N               95,543 (0.31; 74,034;         851        217
                                                                Fundy.                                       2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal.........................  Phoca vitulina.........  Western North Atlantic  -/-, N               75,834 (0.15; 66,884;        2006        350
                                                                                                             2012).
Gray seal...........................  Halichoerus grypus.....  Western North Atlantic  -/-, N               27,131 (0.19; 23,158;        1389      4,729
                                                                                                             2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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\ NMFS marine mammal stock assessment reports online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV
  is the coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.

[[Page 27581]]

 
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike).
\4\ NMFS' stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is
  approximately 451,431. The annual M/SI value given is for the total stock.
\5\ Abundance source is Pace et al. (2021). PBR and annual M/SI source is final 2020 SAR (Hayes et al. 2020). Because PBR is based on the minimum
  population estimate, we anticipate it will be slightly lower than what is presented here given the Pace et al. (2021) abundance. Regardless of final
  numbers, NMFS recognizes the NARW stock is critically endangered with a low PRB and high annual M/SI rate due primarily to ship strikes and
  entanglement
\6\ The draft 2022 SARs have yet to be released; however, NMFS has updated its species web page to recognize the population estimate for NARWs is now
  below 350 animals (https://www.fisheries.noaa.gov/species/north-atlantic-right-whale).

    As indicated above, all 15 species (with 16 managed stocks) in 
Table 3 temporally and spatially co-occur with the activity to the 
degree that take is reasonably likely to occur, and we have proposed 
authorizing.
    The temporal and/or spatial occurrence of several cetacean and 
pinniped species is such that take of these species is not expected to 
occur either because they have very low densities in the survey area or 
are known to occur further offshore than the survey area. These 
include: Cuvier's beaked whale (Ziphius cavirostris), four species of 
Mesoplodont beaked whale (Mesoplodon spp.), dwarf and pygmy sperm whale 
(Kogia sima and Kogia breviceps), northern bottlenose whale (Hyperoodon 
ampullatus), killer whale (Orcinus orca), pygmy killer whale (Feresa 
attenuata), false killer whale (Pseudorca crassidens), melon-headed 
whale (Peponocephala electra), striped dolphin (Stenella coeruleoalba), 
white-beaked dolphin (Lagenorhynchus albirostris), pantropical spotted 
dolphin (Stenella attenuata), Fraser's dolphin (Lagenodelphis hosei), 
rough-toothed dolphin (Steno bredanensis), Clymene dolphin (Stenella 
clymene), spinner dolphin (Stenella longirostris), hooded seal 
(Cystophora cristata), and harp seal (Pagophilus groenlandicus). 
Furthermore, based on the density data presented in NEETMA's 
application, NMFS considers it unlikely for sei whales (Balaenoptera 
borealis) and blue whales (Balaenoptera musculus) to occur in the 
project area due to the near-zero density estimates for both cetacean 
species. As harassment and subsequent take of these species is not 
anticipated as a result of the proposed activities, these species are 
not analyzed or discussed further.
    In addition, the Florida manatee (Trichechus manatus; a sub-species 
of the West Indian manatee) has been previously documented as an 
occasional visitor the Northeast region during summer months (U.S. Fish 
and Wildlife Service (USFWS) 2019). However, manatees are managed by 
the USFWS and are not considered further in this document.
    Recently, NMFS has updated its species web page to recognize the 
population estimate for NARWs is now below 350 animals (https://www.fisheries.noaa.gov/species/north-atlantic-right-whale). We 
anticipate this to be more formalized in the draft 2022 SAR.
    For the majority of species potentially present in the specific 
geographic region, NMFS has designated only a single generic stock 
(e.g., ``western North Atlantic'') for management purposes. This 
includes the ``Canadian east coast'' stock of minke whales, which 
includes all minke whales found in U.S. waters and is also a generic 
stock for management purposes. For humpback whales, NMFS defines stocks 
on the basis of feeding locations, i.e., Gulf of Maine. However, 
references to humpback whales in this document refer to any individuals 
of the species that are found in the specific geographic region. 
Additional information on these species can be found in Sections 3 and 
4 of NEETMA's IHA application, the draft 2021 SARs (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments), and NMFS' website (https://www.fisheries.noaa.gov/find-species).
    Below is a description of the species that have the highest 
likelihood of occurring in the survey area and are thus expected to 
potentially be taken by the proposed activities as well as further 
detail informing the baseline for select species (i.e., information 
regarding current Unusual Mortality Events (UMEs) and important habitat 
areas).

North Atlantic Right Whale

    The North Atlantic right whale ranges from calving grounds in the 
southeastern United States to feeding grounds in New England waters and 
into Canadian waters (Hayes et al., 2018). Surveys have demonstrated 
the existence of seven areas where North Atlantic right whales 
congregate seasonally, including north and east of the proposed survey 
area in Georges Bank, off Cape Cod, and in Massachusetts Bay (Hayes et 
al., 2018). In the late fall months (e.g., October), right whales are 
generally thought to depart from the feeding grounds in the North 
Atlantic and move south to their calving grounds off Georgia and 
Florida. However, recent research indicates our understanding of their 
movement patterns remains incomplete (Davis et al., 2017). A review of 
passive acoustic monitoring data from 2004 to 2014 throughout the 
western North Atlantic demonstrated nearly continuous year-round right 
whale presence across their entire habitat range (for at least some 
individuals), including in locations previously thought of as migratory 
corridors, suggesting that not all of the population undergoes a 
consistent annual migration (Davis et al., 2017). However, given that 
NEETMA's surveys would be concentrated offshore New Jersey, any right 
whales in the vicinity of the survey areas are expected to be 
transient, most likely migrating through the area.
    The western North Atlantic population demonstrated overall growth 
of 2.8 percent per year between 1990 to 2010, despite a decline in 1993 
and no growth between 1997 and 2000 (Pace et al., 2017). However, since 
2010 the population has been in decline, with a 99.99 percent 
probability of a decline of just under 1 percent per year (Pace et al., 
2017). Between 1990 and 2015, calving rates varied substantially, with 
low calving rates coinciding with all three periods of decline or no 
growth (Pace et al., 2017). On average, North Atlantic right whale 
calving rates are estimated to be roughly half that of southern right 
whales (Eubalaena australis) (Pace et al., 2017), which are increasing 
in abundance (NMFS, 2015). In 2018, no new North Atlantic right whale 
calves were documented in their calving grounds; this represented the 
first time since annual NOAA aerial surveys began in 1989 that no new 
right whale calves were observed. Eighteen right whale calves were 
documented in 2021. As of March 16, 2022 and the writing of this 
proposed Notice, 15 North Atlantic right whale calves have documented 
to have been born during this calving season. Presently, the best 
available population estimate for North Atlantic right whales is 368 
per the draft 2021 SARs (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments).
    The proposed survey area is part of a migratory corridor 
Biologically Important Area (BIA) for North Atlantic right whales 
(effective March-April and November-December) that extends from 
Massachusetts to Florida (LeBrecque et al., 2015). Off the coast of New 
Jersey,

[[Page 27582]]

the migratory BIA extends from the coast to beyond the shelf break. 
This important migratory area is approximately 269,488 km\2\ in size 
(compared with the approximately 5,183.97 km\2\ of total estimated 
Level B harassment ensonified area associated with the 320 planned 
survey days) and is comprised of the waters of the continental shelf 
offshore the East Coast of the United States, extending from Florida 
through Massachusetts. NMFS' regulations at 50 CFR part 224.105 
designated nearshore waters of the Mid-Atlantic Bight as Mid-Atlantic 
U.S. Seasonal Management Areas (SMA) for right whales in 2008. SMAs 
were developed to reduce the threat of collisions between ships and 
right whales around their migratory route and calving grounds. A 
portion of one SMA, which occurs off the mouth of Delaware Bay, 
overlaps spatially with a section of the proposed survey area. The SMA, 
which occurs off the mouth of Delaware Bay, is active from November 1 
through April 30 of each year. Within SMAs, the regulations require a 
mandatory vessel speed (less than 10 kn) for all vessels greater than 
65 ft. A portion of one SMA overlaps spatially with the northern 
section of the proposed survey area.
    Elevated North Atlantic right whale mortalities have occurred since 
June 7, 2017, along the U.S. and Canadian coast. This event has been 
declared an Unusual Mortality Event (UME), with human interactions, 
including entanglement in fixed fishing gear and vessel strikes, 
implicated in at least 15 of the mortalities thus far. As of April 14, 
2022, a total of 34 confirmed dead stranded whales (21 in Canada; 13 in 
the United States) have been documented. The cumulative total number of 
animals in the North Atlantic right whale UME has been updated to 49 
individuals to include both the confirmed mortalities (dead stranded or 
floaters) (n=34) and seriously injured free-swimming whales (n=15) to 
better reflect the confirmed number of whales likely removed from the 
population during the UME and more accurately reflect the population 
impacts. More information is available online at: 
www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-north-atlantic-right-whale-unusual-mortality-event.
    Right Whale Slow Zones are areas where mariners are encouraged to 
avoid areas and/or reduce speeds to 10 kn to avoid vessel collisions 
with North Atlantic right whales. Slow Zones typically persist for 15 
days. More information on these right whale Slow Zones can be found on 
NMFS' website (https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales).

Humpback Whale

    Humpback whales are found worldwide in all oceans. Humpback whales 
were listed as endangered under the Endangered Species Conservation Act 
(ESCA) in June 1970. In 1973, the ESA replaced the ESCA, and humpbacks 
continued to be listed as endangered. On September 8, 2016, NMFS 
divided the species into 14 distinct population segments (DPS), removed 
the current species-level listing, and in its place listed four DPSs as 
endangered and one DPS as threatened (81 FR 62259; September 8, 2016). 
The remaining nine DPSs were not listed. The West Indies DPS, which is 
not listed under the ESA, is the only DPS of humpback whale that is 
expected to occur in the survey area. Whales occurring in the survey 
area are not necessarily from the Gulf of Maine feeding population 
managed as a stock by NMFS. Barco et al. (2002) estimated that, based 
on photo-identification, only 39 percent of individual humpback whales 
observed along the mid- and south Atlantic U.S. coast are from the Gulf 
of Maine stock. Bettridge et al. (2015) estimated the size of the West 
Indies DPS population at 12,312 (95 percent CI 8,688-15,954) whales in 
2004-05, which is consistent with previous population estimates of 
approximately 10,000-11,000 whales (Stevick et al., 2003; Smith et al., 
1999) and the increasing trend for the West Indies DPS (Bettridge et 
al., 2015).
    Humpback whales utilize the mid-Atlantic as a migration pathway 
between calving/mating grounds to the south and feeding grounds in the 
north (Waring et al., 2007a; Waring et al., 2007b). Barco et al. (2002) 
suggested that the mid-Atlantic region primarily represents a 
supplemental winter-feeding ground used by humpbacks. Recent research 
by King et al. (2021) has demonstrated a higher occurrence and use 
(foraging) of the New York Bight area by humpback whales than 
previously known.
    Three previous UMEs involving humpback whales have occurred since 
2000, in 2003, 2005, and 2006. Since January 2016, elevated humpback 
whale mortalities have occurred along the Atlantic coast from Maine to 
Florida. Partial or full necropsy examinations have been conducted on 
approximately half of the 158 known cases (as of April 14, 2022). Of 
the whales examined, about 50 percent had evidence of human 
interaction, either ship strike or entanglement. While a portion of the 
whales have shown evidence of pre-mortem vessel strike, this finding is 
not consistent across all whales examined and more research is needed. 
NOAA is consulting with researchers that are conducting studies on the 
humpback whale populations, and these efforts may provide information 
on changes in whale distribution and habitat use that could provide 
additional insight into how these vessel interactions occurred. More 
information is available at: www.fisheries.noaa.gov/national/marine-life-distress/2016-2021-humpback-whale-unusual-mortality-event-along-atlantic-coast.

Fin Whale

    Fin whales are common in waters of the U. S. Atlantic Exclusive 
Economic Zone (EEZ), principally from Cape Hatteras northward (Waring 
et al., 2016). Fin whales are present north of 35-degree latitude in 
every season and are broadly distributed throughout the western North 
Atlantic for most of the year (Waring et al., 2016). They are typically 
found in small groups of up to five individuals (Brueggeman et al., 
1987). The main threats to fin whales are fishery interactions and 
vessel collisions (Waring et al., 2016).

Minke Whale

    Minke whales can be found in temperate, tropical, and high-latitude 
waters. The Canadian East Coast stock can be found in the area from the 
western half of the Davis Strait (45[deg] W) to the Gulf of Mexico 
(Waring et al., 2016). This species generally occupies waters less than 
100-m deep on the continental shelf. There appears to be a strong 
seasonal component to minke whale distribution in the survey areas, in 
which spring to fall are times of relatively widespread and common 
occurrence while during winter the species appears to be largely absent 
(Waring et al., 2016).
    Since January 2017, elevated minke whale mortalities have occurred 
along the Atlantic coast from Maine through South Carolina, with a 
total of 122 strandings (as of April 14, 2022). This event has been 
declared a UME. Full or partial necropsy examinations were conducted on 
more than 60 percent of the whales. Preliminary findings in several of 
the whales have shown evidence of human interactions or infectious 
disease, but these findings are not consistent across all of the whales 
examined, so more research is needed. More information is available at: 
www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-minke-whale-unusual-mortality-event-along-atlantic-coast.

[[Page 27583]]

Sperm Whale

    The distribution of the sperm whale in the U.S. EEZ occurs on the 
continental shelf edge, over the continental slope, and into mid-ocean 
regions (Waring et al., 2014). The basic social unit of the sperm whale 
appears to be the mixed school of adult females plus their calves and 
some juveniles of both sexes, normally numbering 20-40 animals in all. 
There is evidence that some social bonds persist for many years 
(Christal et al., 1998). This species forms stable social groups, site 
fidelity, and latitudinal range limitations in groups of females and 
juveniles (Whitehead, 2002). In summer, the distribution of sperm 
whales includes the area east and north of Georges Bank and into the 
Northeast Channel region, as well as the continental shelf (inshore of 
the 100-m isobath) south of New England. In the fall, sperm whale 
occurrence south of New England on the continental shelf is at its 
highest level, and there remains a continental shelf edge occurrence in 
the mid-Atlantic bight. In winter, sperm whales are concentrated east 
and northeast of Cape Hatteras.

Long-Finned Pilot Whale

    Long-finned pilot whales are found from North Carolina to Iceland, 
Greenland and the Barents Sea (Hayes et al., 2021). In the U.S. 
Atlantic waters the species is distributed principally along the 
continental shelf edge off the northeastern U.S. coast in winter and 
early spring and in late spring, pilot whales move onto Georges Bank 
and into the Gulf of Maine northward, and remain in these areas through 
late fall (Hayes et al., 2021). Long-finned and short-finned pilot 
whales overlap spatially along the mid-Atlantic shelf break between 
Delaware and the southern flank of Georges Bank. Long-finned pilot 
whales have occasionally been observed stranded as far south as South 
Carolina, but sightings of long-finned pilot whales south of Cape 
Hatteras would be considered unusual (Hayes et al., 2021). The main 
threats to this species include interactions with fisheries and habitat 
issues including exposure to high levels of polychlorinated biphenyls 
and chlorinated pesticides, and toxic metals including mercury, lead, 
and cadmium, and selenium (Hayes et al., 2021).

Short-Finned Pilot Whale

    As described above, long-finned and short-finned pilot whales 
overlap spatially with the survey area and along the mid-Atlantic 
shelf. There is limited information on the distribution of short-finned 
pilot whales. They prefer warmer tropical waters and deeper waters 
offshore, and in the northeastern United States they are often sighted 
near the Gulf Stream (Hayes et al., 2021). Short-finned pilot whales 
have occasionally been observed stranded as far north as Massachusetts 
but north of ~42[deg] N short-finned pilot whale sightings would be 
considered unusual while south of Cape Hatteras most pilot whales would 
expected to be short-finned pilot whales (Hayes et al., 2021). As with 
long-finned pilot whales, the main threats to this species include 
interactions with fisheries and habitat issues including exposure to 
high levels of polychlorinated biphenyls and chlorinated pesticides, 
and toxic metals including mercury, lead, cadmium, and selenium (Hayes 
et al., 2021).

Atlantic White-Sided Dolphin

    White-sided dolphins are found in temperate and sub-polar waters of 
the North Atlantic, primarily in continental shelf waters to the 100m 
depth contour from central West Greenland to North Carolina (Waring et 
al., 2016). The Gulf of Maine stock is most common in continental shelf 
waters from Hudson Canyon to Georges Bank, and in the Gulf of Maine and 
lower Bay of Fundy. Sighting data indicate seasonal shifts in 
distribution (Northridge et al., 1997). During January to May, low 
numbers of white-sided dolphins are found from Georges Bank to Jeffreys 
Ledge (off New Hampshire), with even lower numbers south of Georges 
Bank, as documented by a few strandings collected on beaches of 
Virginia to South Carolina. From June through September, large numbers 
of white-sided dolphins are found from Georges Bank to the lower Bay of 
Fundy. From October to December, white-sided dolphins occur at 
intermediate densities from southern Georges Bank to southern Gulf of 
Maine (Payne and Heinemann, 1990). Sightings south of Georges Bank, 
particularly around Hudson Canyon, occur year round but at low 
densities.

Atlantic Spotted Dolphin

    Atlantic spotted dolphins are found in tropical and warm temperate 
waters ranging from southern New England, south to Gulf of Mexico and 
the Caribbean to Venezuela (Waring et al., 2014). This stock regularly 
occurs in continental shelf waters south of Cape Hatteras and in 
continental shelf edge and continental slope waters north of this 
region (Waring et al., 2014). There are two forms of this species, with 
the larger ecotype inhabiting the continental shelf and is usually 
found inside or near the 200-m isobaths (Waring et al., 2014).

Common Dolphin

    The common dolphin is found worldwide in temperate to subtropical 
seas. In the North Atlantic, common dolphins are commonly found over 
the continental shelf between the 100-m and 2,000-m isobaths and over 
prominent underwater topography and east to the mid-Atlantic Ridge 
(Waring et al., 2016).

Bottlenose Dolphin

    There are two distinct bottlenose dolphin morphotypes in the 
western North Atlantic: The coastal and offshore forms (Waring et al., 
2016). The offshore form is distributed primarily along the outer 
continental shelf and continental slope in the Northwest Atlantic Ocean 
from Georges Bank to the Florida Keys. The coastal morphotype is 
morphologically and genetically distinct from the larger, more robust 
morphotype that occupies habitats further offshore. Spatial 
distribution data, tag-telemetry studies, photo-ID studies and genetic 
studies demonstrate the existence of a distinct Northern Migratory 
stock of coastal bottlenose dolphins (Waring et al., 2014). During 
summer months (July-August), this stock occupies coastal waters from 
the shoreline to approximately the 25-m isobath between the Chesapeake 
Bay mouth and Long Island, New York; during winter months (January-
March), the stock occupies coastal waters from Cape Lookout, North 
Carolina, to the North Carolina/Virginia border (Waring et al., 2014). 
The Western North Atlantic northern migratory coastal stock and the 
Western North Atlantic offshore stock may be encountered by the 
proposed survey.

Harbor Porpoise

    In the Lease Area, only the Gulf of Maine/Bay of Fundy stock may be 
present. This stock is found in U.S. and Canadian Atlantic waters and 
is concentrated in the northern Gulf of Maine and southern Bay of Fundy 
region, generally in waters less than 150-m deep (Waring et al., 2016). 
They are seen from the coastline to deep waters (>1,800-m; Westgate et 
al., 1998), although the majority of the population is found over the 
continental shelf (Waring et al., 2016). The main threat to the species 
is interactions with fisheries, with documented take in the U.S. 
northeast sink gillnet, mid-Atlantic gillnet, and northeast bottom 
trawl fisheries and in the Canadian herring weir fisheries (Waring et 
al., 2016).

Pinninpeds (Harbor Seal and Gray Seal)

    The harbor seal is found in all nearshore waters of the North 
Atlantic

[[Page 27584]]

and North Pacific Oceans and adjoining seas above about 30[deg] N 
(Burns, 2009). In the western North Atlantic, harbor seals are 
distributed from the eastern Canadian Arctic and Greenland south to 
southern New England and New York, and occasionally to the Carolinas 
(Waring et al., 2016). Haul-out and pupping sites are located off 
Manomet, MA and the Isles of Shoals, ME, but generally do not occur in 
areas in southern New England (Waring et al., 2016).
    There are three major populations of gray seals found in the world; 
eastern Canada (western North Atlantic stock), northwestern Europe and 
the Baltic Sea. Gray seals in the survey area belong to the western 
North Atlantic stock. The range for this stock is thought to be from 
New Jersey to Labrador. Current population trends show that gray seal 
abundance is likely increasing in the U.S. Atlantic EEZ (Waring et al., 
2016). Although the rate of increase is unknown, surveys conducted 
since their arrival in the 1980s indicate a steady increase in 
abundance in both Maine and Massachusetts (Waring et al., 2016). It is 
believed that recolonization by Canadian gray seals is the source of 
the U.S. population (Waring et al., 2016).
    Since July 2018, elevated numbers of harbor seal and gray seal 
mortalities have occurred across Maine, New Hampshire and 
Massachusetts. This event has been declared a UME. Additionally, 
stranded seals have shown clinical signs as far south as Virginia, 
although not in elevated numbers, therefore the UME investigation now 
encompasses all seal strandings from Maine to Virginia. Ice seals (harp 
and hooded seals) have also started stranding with clinical signs, 
again not in elevated numbers, and those two seal species have also 
been added to the UME investigation. A total of 3,152 reported 
strandings (of all species) had occurred from July 1, 2018, through 
March 13, 2020. Full or partial necropsy examinations have been 
conducted on some of the seals and samples have been collected for 
testing. Based on tests conducted thus far, the main pathogen found in 
the seals is phocine distemper virus. NMFS is performing additional 
testing to identify any other factors that may be involved in this UME. 
Presently, this UME is non-active and is pending closure by NMFS as of 
March 2020. Information on this UME is available online at: 
www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2020-pinniped-unusual-mortality-event-along.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 
decibel (dB) threshold from the normalized composite audiograms, with 
the exception for lower limits for low-frequency cetaceans where the 
lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al. (2007) retained. Marine mammal hearing 
groups and their associated hearing ranges are provided in Table 4.

                  Table 4--Marine Mammal Hearing Groups
                              [NMFS, 2018]
------------------------------------------------------------------------
            Hearing group                Generalized hearing range \1\
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen   7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans           150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
High-frequency (HF) cetaceans (true    275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 cephalorhynchid, Lagenorhynchus
 cruciger & L. australis).
Phocid pinnipeds (PW) (underwater)     50 Hz to 86 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)    60 Hz to 39 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
\1\ Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al. 2007) and PW pinniped (approximation).

    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of available information. 
Fifteen marine mammal species (thirteen cetacean and two pinniped (both 
phocid) species) have the reasonable potential to co-occur with the 
proposed survey activities. Please refer back to Table 3. Of the 
cetacean species that may be present, four are classified as low-
frequency cetaceans (i.e., all mysticete species), eight are classified 
as mid-frequency cetaceans (i.e., all delphinid and the sperm whale), 
and one is classified as a high-frequency cetaceans (i.e., harbor 
porpoise).

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. Detailed descriptions of the potential effects of 
similar specified activities have been provided in other recent and 
related Federal Register notices, including for survey activities using 
similar HRG methodologies, over similar amounts of time, and occurring 
within the Mid-Atlantic region,

[[Page 27585]]

including waters off New Jersey (e.g., 82 FR 20563, May 3, 2017; 85 FR 
7926, February 12, 2020; 85 FR 37848, June 24, 2020; 86 FR 16327, March 
29, 2021; and 87 FR 14823, March 16, 2022). No significant new 
information is available, and we refer the reader to these documents 
rather than repeating the details here.
    The Estimated Take section later in this document includes a 
quantitative analysis of the number of individuals that are expected to 
be taken by this activity. The Negligible Impact Analysis and 
Determination section considers the potential effects of the specified 
activity, the Estimated Take section, and the Proposed Mitigation 
section, to draw conclusions regarding the likely impacts of these 
activities on the reproductive success or survivorship of individuals 
and how those impacts on individuals are likely to impact marine mammal 
species or stocks.

Background on Active Acoustic Sound Sources and Acoustic Terminology

    This subsection contains a brief technical background on sound, on 
the characteristics of certain sound types, and on metrics used in this 
proposal inasmuch as the information is relevant to the specified 
activity and to the summary of the potential effects of the specified 
activity on marine mammals. For general information on sound and its 
interaction with the marine environment, please see, e.g., Au and 
Hastings (2008); Richardson et al. (1995); Urick (1983).
    Sound travels in waves, the basic components of which are 
frequency, wavelength, velocity, and amplitude. Frequency is the number 
of pressure waves that pass by a reference point per unit of time and 
is measured in hertz or cycles per second. Wavelength is the distance 
between two peaks or corresponding points of a sound wave (length of 
one cycle). Higher frequency sounds have shorter wavelengths than lower 
frequency sounds, and typically attenuate (decrease) more rapidly, 
except in certain cases in shallower water. Amplitude is the height of 
the sound pressure wave or the ``loudness'' of a sound and is typically 
described using the relative unit of the decibel. A sound pressure 
level (SPL) in dB is described as the ratio between a measured pressure 
and a reference pressure (for underwater sound, this is 1 microPascal 
([mu]Pa)), and is a logarithmic unit that accounts for large variations 
in amplitude. Therefore, a relatively small change in dB corresponds to 
large changes in sound pressure. The source level (SL) represents the 
SPL referenced at a distance of 1-m from the source (referenced to 1 
[mu]Pa), while the received level is the SPL at the listener's position 
(referenced to 1 [mu]Pa).
    Root mean square (rms) is the quadratic mean sound pressure over 
the duration of an impulse. Root mean square is calculated by squaring 
all of the sound amplitudes, averaging the squares, and then taking the 
square root of the average (Urick, 1983). Root mean square accounts for 
both positive and negative values; squaring the pressures makes all 
values positive so that they may be accounted for in the summation of 
pressure levels (Hastings and Popper, 2005). This measurement is often 
used in the context of discussing behavioral effects, in part because 
behavioral effects, which often result from auditory cues, may be 
better expressed through averaged units than by peak pressures.
    Sound exposure level (SEL; represented as dB re 1 [mu]Pa\2\-s) 
represents the total energy in a stated frequency band over a stated 
time interval or event and considers both intensity and duration of 
exposure. The per-pulse SEL is calculated over the time window 
containing the entire pulse (i.e., 100 percent of the acoustic energy). 
SEL is a cumulative metric; it can be accumulated over a single pulse, 
or calculated over periods containing multiple pulses. Cumulative SEL 
represents the total energy accumulated by a receiver over a defined 
time window or during an event. Peak sound pressure (also referred to 
as zero-to-peak sound pressure or 0-pk) is the maximum instantaneous 
sound pressure measurable in the water at a specified distance from the 
source and is represented in the same units as the rms sound pressure.
    When underwater objects vibrate or activity occurs, sound-pressure 
waves are created. These waves alternately compress and decompress the 
water as the sound wave travels. Underwater sound waves radiate in a 
manner similar to ripples on the surface of a pond and may be directed 
either in a beam or in beams or may radiate in all directions 
(omnidirectional sources). The compressions and decompressions 
associated with sound waves are detected as changes in pressure by 
aquatic life and man-made sound receptors such as hydrophones.
    Even in the absence of sound from the specified activity, the 
underwater environment is typically loud due to ambient sound, which is 
defined as environmental background sound levels lacking a single 
source or point (Richardson et al., 1995). The sound level of a region 
is defined by the total acoustical energy being generated by known and 
unknown sources. These sources may include physical (e.g., wind and 
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds 
produced by marine mammals, fish, and invertebrates), and anthropogenic 
(e.g., vessels, dredging, construction) sound. A number of sources 
contribute to ambient sound, including wind and waves, which are a main 
source of naturally occurring ambient sound for frequencies between 200 
Hz and 50 kHz (Mitson, 1995). In general, ambient sound levels tend to 
increase with increasing wind speed and wave height. Precipitation can 
become an important component of total sound at frequencies above 500 
Hz, and possibly down to 100 Hz during quiet times. Marine mammals can 
contribute significantly to ambient sound levels, as can some fish and 
snapping shrimp. The frequency band for biological contributions is 
from approximately 12 Hz to over 100 kHz. Sources of ambient sound 
related to human activity include transportation (surface vessels), 
dredging and construction, oil and gas drilling and production, 
geophysical surveys, sonar, and explosions. Vessel noise typically 
dominates the total ambient sound for frequencies between 20 and 300 
Hz. In general, the frequencies of anthropogenic sounds are below 1 kHz 
and, if higher frequency sound levels are created, they attenuate 
rapidly.
    The sum of the various natural and anthropogenic sound sources that 
comprise ambient sound at any given location and time depends not only 
on the source levels (as determined by current weather conditions and 
levels of biological and human activity) but on the ability of sound to 
propagate through the environment. In turn, sound propagation is 
dependent on the spatially and temporally varying properties of the 
water column and sea floor, and is frequency-dependent. As a result of 
the dependence on a large number of varying factors, ambient sound 
levels can be expected to vary widely over both coarse and fine spatial 
and temporal scales. Sound levels at a given frequency and location can 
vary by 10-20 dB from day to day (Richardson et al., 1995). The result 
is that, depending on the source type and its intensity, sound from the 
specified activity may be a negligible addition to the local 
environment or could form a distinctive signal that may affect marine 
mammals. Details of source types are described in the following text.
    Sounds are often considered to fall into one of two general types: 
Pulsed and non-pulsed (defined in the following). The distinction 
between

[[Page 27586]]

these two sound types is important because they have differing 
potential to cause physical effects, particularly with regard to 
hearing (e.g., Ward, 1997 in Southall et al., 2007). Please see 
Southall et al. (2007) for an in-depth discussion of these concepts. 
The distinction between these two sound types is not always obvious, as 
certain signals share properties of both pulsed and non-pulsed sounds. 
A signal near a source could be categorized as a pulse, but due to 
propagation effects as it moves farther from the source, the signal 
duration becomes longer (e.g., Greene and Richardson, 1988).
    Pulsed sound sources (e.g., airguns, explosions, gunshots, sonic 
booms, impact pile driving) produce signals that are brief (typically 
considered to be less than one second), broadband, atonal transients 
(ANSI, 1986, 2005; Harris, 1998; NIOSH, 1998) and occur either as 
isolated events or repeated in some succession. Pulsed sounds are all 
characterized by a relatively rapid rise from ambient pressure to a 
maximal pressure value followed by a rapid decay period that may 
include a period of diminishing, oscillating maximal and minimal 
pressures, and generally have an increased capacity to induce physical 
injury as compared with sounds that lack these features.
    Non-pulsed sounds can be tonal, narrowband, or broadband, brief or 
prolonged, and may be either continuous or intermittent (ANSI, 1995; 
NIOSH, 1998). Some of these non-pulsed sounds can be transient signals 
of short duration but without the essential properties of pulses (e.g., 
rapid rise time). Examples of non-pulsed sounds include those produced 
by vessels, aircraft, machinery operations such as drilling or 
dredging, vibratory pile driving, and active sonar systems. The 
duration of such sounds, as received at a distance, can be greatly 
extended in a highly reverberant environment.
    Sparkers and boomers produce pulsed signals with energy in the 
frequency ranges specified in Table 2. The amplitude of the acoustic 
wave emitted from sparker sources is equal in all directions (i.e., 
omnidirectional), while other sources planned for use during the 
proposed surveys have some degree of directionality to the beam, as 
specified in Table 2. Other sources planned for use during the proposed 
survey activity (e.g., CHIRP SBPs) should be considered non-pulsed, 
intermittent sources.

Summary on Specific Potential Effects of Acoustic Sound Sources

    Underwater sound from active acoustic sources can include one or 
more of the following: temporary or permanent hearing impairment, 
behavioral disturbance, masking, stress, and non-auditory physical 
effects. The degree of effect is intrinsically related to the signal 
characteristics, received level, distance from the source, and duration 
of the sound exposure. Marine mammals exposed to high-intensity sound, 
or to lower-intensity sound for prolonged periods, can experience 
hearing threshold shift (TS), which is the loss of hearing sensitivity 
at certain frequency ranges (Finneran, 2015). TS can be permanent (PTS; 
permanent threshold shift), in which case the loss of hearing 
sensitivity is not fully recoverable, or temporary (TTS; temporary 
threshold shift), in which case the animal's hearing threshold would 
recover over time (Southall et al., 2007).
    Animals in the vicinity of NEETMA's proposed HRG survey activity 
are unlikely to incur even TTS due to the characteristics of the sound 
sources, which include relatively low source levels (176 to 205 dB re 1 
[micro]Pa m), and generally very short pulses and potential duration of 
exposure. These characteristics mean that instantaneous exposure is 
unlikely to cause TTS, as it is unlikely that exposure would occur 
close enough to the vessel for received levels to exceed peak pressure 
TTS criteria, and that the cumulative duration of exposure would be 
insufficient to exceed cumulative sound exposure level (SEL) criteria. 
Even for high-frequency cetacean species (e.g., harbor porpoises), 
which have the greatest sensitivity to potential TTS, individuals would 
have to make a very close approach and also remain very close to 
vessels operating these sources in order to receive multiple exposures 
at relatively high levels, as would be necessary to cause TTS. 
Intermittent exposures--as would occur due to the brief, transient 
signals produced by these sources--require a higher cumulative SEL to 
induce TTS than would continuous exposures of the same duration (i.e., 
intermittent exposure results in lower levels of TTS). Moreover, most 
marine mammals would more likely avoid a loud sound source rather than 
swim in such close proximity as to result in TTS. Kremser et al. (2005) 
noted that the probability of a cetacean swimming through the area of 
exposure when a sub-bottom profiler emits a pulse is small--because if 
the animal was in the area, it would have to pass the transducer at 
close range in order to be subjected to sound levels that could cause 
TTS and would likely exhibit avoidance behavior to the area near the 
transducer rather than swim through at such a close range. Further, the 
restricted beam shape of many of HRG survey devices planned for use 
(Table 2) makes it unlikely that an animal would be exposed more than 
briefly during the passage of the vessel.
    Behavioral disturbance may include a variety of effects, including 
subtle changes in behavior (e.g., minor or brief avoidance of an area 
or changes in vocalizations), more conspicuous changes in similar 
behavioral activities, and more sustained and/or potentially severe 
reactions, such as displacement from or abandonment of high-quality 
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic 
factors (e.g., species, state of maturity, experience, current 
activity, reproductive state, auditory sensitivity, time of day), as 
well as the interplay between factors. Available studies show wide 
variation in response to underwater sound; therefore, it is difficult 
to predict specifically how any given sound in a particular instance 
might affect marine mammals perceiving the signal.
    In addition, sound can disrupt behavior through masking, or 
interfering with, an animal's ability to detect, recognize, or 
discriminate between acoustic signals of interest (e.g., those used for 
intraspecific communication and social interactions, prey detection, 
predator avoidance, navigation). Masking occurs when the receipt of a 
sound is interfered with by another coincident sound at similar 
frequencies and at similar or higher intensity, and may occur whether 
the sound is natural (e.g., snapping shrimp, wind, waves, 
precipitation) or anthropogenic (e.g., shipping, sonar, seismic 
exploration) in origin. Marine mammal communications would not likely 
be masked appreciably by the acoustic signals given the directionality 
of the signals for most HRG survey equipment types planned for use 
(Table 2) and the brief period when an individual mammal is likely to 
be exposed.
    Classic stress responses begin when an animal's central nervous 
system perceives a potential threat to its homeostasis. That perception 
triggers stress responses regardless of whether a stimulus actually 
threatens the animal; the mere perception of a threat is sufficient to 
trigger a stress response (Moberg 2000; Seyle 1950). Once an animal's 
central nervous system perceives a threat, it mounts a biological 
response or defense that consists of a combination of the four general 
biological defense responses: Behavioral responses, autonomic nervous 
system

[[Page 27587]]

responses, neuroendocrine responses, or immune responses. In the case 
of many stressors, an animal's first and sometimes most economical (in 
terms of biotic costs) response is behavioral avoidance of the 
potential stressor or avoidance of continued exposure to a stressor. An 
animal's second line of defense to stressors involves the sympathetic 
part of the autonomic nervous system and the classical ``fight or 
flight'' response which includes the cardiovascular system, the 
gastrointestinal system, the exocrine glands, and the adrenal medulla 
to produce changes in heart rate, blood pressure, and gastrointestinal 
activity that humans commonly associate with ``stress.'' These 
responses have a relatively short duration and may or may not have 
significant long-term effect on an animal's welfare. An animal's third 
line of defense to stressors involves its neuroendocrine systems; the 
system that has received the most study has been the hypothalamus-
pituitary-adrenal system (also known as the HPA axis in mammals). 
Unlike stress responses associated with the autonomic nervous system, 
virtually all neuro-endocrine functions that are affected by stress--
including immune competence, reproduction, metabolism, and behavior--
are regulated by pituitary hormones. Stress-induced changes in the 
secretion of pituitary hormones have been implicated in failed 
reproduction (Moberg 1987; Rivier 1995), reduced immune competence 
(Blecha 2000), and behavioral disturbance. Increases in the circulation 
of glucocorticosteroids (cortisol, corticosterone, and aldosterone in 
marine mammals; see Romano et al., 2004) have been long been equated 
with stress. The primary distinction between stress (which is adaptive 
and does not normally place an animal at risk) and distress is the 
biotic cost of the response. In general, there are few data on the 
potential for strong, anthropogenic underwater sounds to cause non-
auditory physical effects in marine mammals. The available data do not 
allow identification of a specific exposure level above which non-
auditory effects can be expected (Southall et al., 2007). There is 
currently no definitive evidence that any of these effects occur even 
for marine mammals in close proximity to an anthropogenic sound source. 
In addition, marine mammals that show behavioral avoidance of survey 
vessels and related sound sources are unlikely to incur non-auditory 
impairment or other physical effects. NMFS does not expect that the 
generally short-term, intermittent, and transitory HRG and geotechnical 
survey activities would create conditions of long-term, continuous 
noise and chronic acoustic exposure leading to long-term physiological 
stress responses in marine mammals.
    Sound may affect marine mammals through impacts on the abundance, 
behavior, or distribution of prey species (e.g., crustaceans, 
cephalopods, fish, and zooplankton) (i.e., effects to marine mammal 
habitat). Prey species exposed to sound might move away from the sound 
source, experience TTS, experience masking of biologically relevant 
sounds, or show no obvious direct effects. The most likely impacts (if 
any) for most prey species in a given area would be temporary avoidance 
of the area. Surveys using active acoustic sound sources move through 
an area, limiting exposure to multiple pulses. In all cases, sound 
levels would return to ambient once a survey ends and the noise source 
is shut down and, when exposure to sound ends, behavioral and/or 
physiological responses are expected to end relatively quickly. 
Finally, the HRG survey equipment will not have significant impacts to 
the seafloor and does not represent a source of pollution.

Vessel Strike

    Vessel collisions with marine mammals, or ship strikes, can result 
in death or serious injury of the animal. These interactions are 
typically associated with large whales, which are less maneuverable 
than are smaller cetaceans or pinnipeds in relation to large vessels. 
Ship strikes generally involve commercial shipping vessels, which are 
generally larger and of which there is much more traffic in the ocean 
than geophysical survey vessels. Jensen and Silber (2004) summarized 
ship strikes of large whales worldwide from 1975-2003 and found that 
most collisions occurred in the open ocean and involved large vessels 
(e.g., commercial shipping). For vessels used in geophysical survey 
activities, vessel speed while towing gear is typically only 4-5 knots. 
At these speeds, both the possibility of striking a marine mammal and 
the possibility of a strike resulting in serious injury or mortality 
are so low as to be discountable. At average transit speed for 
geophysical survey vessels, the probability of serious injury or 
mortality resulting from a strike is less than 50 percent. However, the 
likelihood of a strike actually happening is again low given the 
smaller size of these vessels and generally slower speeds. Notably in 
the Jensen and Silber study, no strike incidents were reported for 
geophysical survey vessels during that time period.
    The potential effects of NEETMA's specified survey activity are 
expected to be limited to Level B behavioral harassment. No permanent 
or temporary auditory effects, or significant impacts to marine mammal 
habitat, including prey, are expected.

Marine Mammal Habitat

    The HRG survey equipment will not contact the seafloor and does not 
represent a source of pollution. As the HRG survey equipment introduces 
noise to the marine environment, there is the potential for it to 
result in avoidance of the area around the HRG survey activities on the 
part of marine mammal prey. Any avoidance of the area on the part of 
marine mammal prey would be expected to be short term and temporary.
    Because of the temporary nature of the disturbance, and the 
availability of similar habitat and resources (e.g., prey species) in 
the surrounding area, 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. Impacts on marine mammal habitat from the proposed 
activities will be temporary, insignificant, and discountable.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of ``small numbers'' 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, section 3(18) of 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 would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to noise from certain HRG acoustic sources. 
Based primarily on the characteristics of the signals produced by the 
acoustic sources planned for use, Level A harassment is neither 
anticipated (even absent mitigation), nor proposed to be

[[Page 27588]]

authorized. Consideration of the anticipated effectiveness of the 
measures (i.e., exclusion zones and shutdown measures), discussed in 
detail below in the Proposed Mitigation section, further strengthens 
the conclusion that Level A harassment is not a reasonably anticipated 
outcome of the survey activity. As described previously, no serious 
injury or mortality is anticipated or proposed to be authorized for 
this activity. Below we describe how the take is estimated.
    Generally speaking, we estimate take by considering: (1) Acoustic 
thresholds above which NMFS believes the best available science 
indicates marine mammals will be behaviorally harassed or incur some 
degree of permanent hearing impairment; (2) the area or volume of water 
that will be ensonified above these levels in a day; (3) the density or 
occurrence of marine mammals within these ensonified areas; and, (4) 
the number of days of activities. We note that while these basic 
factors can contribute to a basic calculation to provide an initial 
prediction of takes, additional information that can qualitatively 
inform take estimates is also sometimes available (e.g., previous 
monitoring results or average group size). Below, we describe the 
factors considered here in more detail and present the proposed take 
estimate.

Acoustic Thresholds

    NMFS uses acoustic thresholds that identify the received level of 
underwater sound above which exposed marine mammals would be reasonably 
expected to be behaviorally harassed (equated to Level B harassment) or 
to incur PTS of some degree (equated to Level A harassment).
    Level B Harassment--Though significantly driven by received level, 
the onset of behavioral disturbance from anthropogenic noise exposure 
is also informed to varying degrees by other factors related to the 
source (e.g., frequency, predictability, duty cycle), the environment 
(e.g., bathymetry), and the receiving animals (hearing, motivation, 
experience, demography, behavioral context) and can be difficult to 
predict (Southall et al., 2007; Ellison et al., 2012). NMFS uses a 
generalized acoustic threshold based on received level to estimate the 
onset of behavioral harassment. NMFS predicts that marine mammals may 
be behaviorally harassed (i.e., Level B harassment) when exposed to 
underwater anthropogenic noise above received levels of 160 dB re 1 
[mu]Pa (rms) for the impulsive sources (i.e., boomers, sparkers) and 
non-impulsive, intermittent sources (e.g., CHIRP SBPs) evaluated here 
for NEETMA's proposed activity.
    Level A Harassment--NMFS' Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0) 
(Technical Guidance, 2018) identifies dual criteria to assess auditory 
injury (Level A harassment) to five different marine mammal groups 
(based on hearing sensitivity) as a result of exposure to noise from 
two different types of sources (impulsive or non-impulsive). For more 
information, see NMFS' 2018 Technical Guidance, which may be accessed 
at www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
    NEETMA's proposed activity includes the use of impulsive (i.e., 
sparkers and boomers) and non-impulsive, intermittent (e.g., CHIRP SBP) 
sources. These can be found in Table 2.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that will feed into identifying the area ensonified above the 
acoustic thresholds, which include source levels and transmission loss 
coefficient.
    NMFS has developed a user-friendly methodology for estimating the 
extent of the Level B harassment isopleths associated with relevant HRG 
survey equipment (NMFS, 2020). This methodology incorporates frequency 
and directionality to refine estimated ensonified zones. For acoustic 
sources that operate with different beamwidths, the maximum beamwidth 
was used, and the lowest frequency of the source was used when 
calculating the frequency-dependent absorption coefficient.
    NMFS considers the data provided by Crocker and Fratantonio (2016) 
to represent the best available information on source levels associated 
with HRG equipment and, therefore, recommends that source levels 
provided by Crocker and Fratantonio (2016) be incorporated in the 
method described above to estimate isopleth distances to harassment 
thresholds. In cases when the source level for a specific type of HRG 
equipment is not provided in Crocker and Fratantonio (2016), NMFS 
recommends that either the source levels provided by the manufacturer 
be used, or, in instances where source levels provided by the 
manufacturer are unavailable or unreliable, a proxy from Crocker and 
Fratantonio (2016) be used instead. Table 2 shows the HRG equipment 
types that may be used during the proposed surveys and the source 
levels associated with those HRG equipment types.
    Results of modeling using the methodology described above indicated 
that, of the HRG survey equipment planned for use by NEETMA that has 
the potential to result in Level B harassment of marine mammals, the 
Applied Acoustics Dura-Spark UHD and GeoMarine Geo-Source sparkers 
would produce the largest Level B harassment isopleth (141 m). 
Estimated Level B harassment isopleths for all sources evaluated here, 
including the sparkers, are provided in Table 5. Although NEETMA does 
not expect to use sparker sources on all planned survey days, it 
proposes to assume for purposes of analysis that the sparker would be 
used on all survey days. This is a conservative approach, as the actual 
sources used on individual survey days may produce smaller harassment 
distances.

           Table 5--Distances to Level B Harassment Threshold
                              [160 dB rms]
------------------------------------------------------------------------
                                                            Distance to
                                                              level B
       Equipment category             HRG equipment         harassment
                                                           threshold in
                                                            meters  (m)
------------------------------------------------------------------------
Shallow SBPs...................  ET 216 CHIRP...........               9
                                 ET 424 CHIRP...........               4
                                 GeoPulse 5430..........              21
                                 TB CHIRP III...........              48
Medium SBPs....................  AA, triple plate S-Boom              34
                                  (700-1,000 J).
                                 AA, Dura-spark UHD (500             141
                                  J/400 tip.

[[Page 27589]]

 
                                 AA, Dura-spark UHD                  141
                                  400+400.
                                 GeoMarine Geo Spark                 141
                                  2000 (400 tip).
------------------------------------------------------------------------

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    Habitat-based density models produced by the Duke University Marine 
Geospatial Ecology Laboratory and the Marine-life Data and Analysis 
Team, based on the best available marine mammal data from 1992-201 
obtained in a collaboration between Duke University, the Northeast 
Regional Planning Body, the University of North Carolina Wilmington, 
the Virginia Aquarium and Marine Science Center, and NOAA (Roberts et 
al., 2016a; Curtice et al., 2018), represent the best available 
information regarding marine mammal densities in the survey area. More 
recently, these data have been updated with new modeling results and 
include density estimates for pinnipeds (Roberts et al., 2016b, 2017, 
2018).
    The density data presented by Roberts et al. (2016b, 2017, 2018, 
2020) incorporates aerial and shipboard line-transect survey data from 
NMFS and other organizations and incorporates data from eight 
physiographic and 16 dynamic oceanographic and biological covariates, 
and controls for the influence of sea state, group size, availability 
bias, and perception bias on the probability of making a sighting. 
These density models were originally developed for all cetacean taxa in 
the U.S. Atlantic (Roberts et al., 2016a). In subsequent years, certain 
models have been updated based on additional data as well as certain 
methodological improvements. More information is available online at 
https://seamap.env.duke.edu/models/Duke/EC/. Marine mammal density 
estimates in the survey area (animals/km\2\) were obtained using the 
most recent model results for all taxa (Roberts et al., 2016b, 2017, 
2018, 2020). The updated models incorporate additional sighting data, 
including sightings from NOAA's Atlantic Marine Assessment Program for 
Protected Species (AMAPPS) surveys.
    For the exposure analysis, marine mammal density data from Roberts 
et al. (2016a; 2016b; 2017; 2018; 2020; 2021a; 2021b) were mapped for 
the survey area using a geographic information system (GIS). NEETMA 
used all 10 x 10 km (6.2 x 6.2 mile) grid cells (5 x 5 km (3.1 x 3.1 
mile) for the North Atlantic right whale) where the centroid was within 
each survey area in developing estimated density values for each 
species. For data in which the Roberts et al. data does not provide 
outputs at the species level (i.e., pilot whale spp. and pinnipeds) the 
single annual density was used. For all other species, the monthly 
densities were used to yield the average annual density. Bottlenose 
dolphin density estimates were also divided based on the specified 
stock.
    In the Roberts et al. (2016b, 2017, 2018) models, species-specific 
delineations were not made for some marine mammals, including some 
pinniped species' (harbor seal and gray seal) and for pilot whale spp. 
(long-finned and short-finned). For pilot whales, both species are 
known to share similar habitat in the project area, feed on similar 
prey, and have overlapping distributions (Mintzer et al., 2008; Rone 
and Pace, 2012). Hayes et al. (2017) noted a particular overlap between 
the two species between New Jersey and George's Bank. Furthermore, due 
to their similar appearances at sea and difficulty in distinguishing 
species-specific characteristics, observers are likely to combine 
sightings of pilot whales (Waring, 1993; Rone and Pace, 2012; Stepanuk 
et al., 2018).
    Regarding the pinniped species, because the seasonality, feeding 
preferences, and habitat use by gray seals often overlaps with that of 
harbor seals in the survey areas, it was assumed that modeled takes of 
seals could occur to either of the respective species.
    As discussed in the application, the single annual density for each 
marine mammal group (pilot whale spp. and pinnipeds) was applied and 
the results were divided between each species, resulting in an equal 
split.
    For the bottlenose dolphin densities, Roberts et al. (2016b, 2017, 
2018) does not differentiate by stock. The Western North Atlantic 
northern migratory coastal stock is generally expected to occur only in 
coastal waters from the shoreline to approximately the 20-m (65-ft) 
isobath (Hayes et al., 2018). Both of these stocks have the potential 
to occur in the Northern and Southern survey areas. To account for the 
potential for mixed stocks within the survey areas, the densities of 
the two stocks were apportioned based on the 20-m isobaths contour. Any 
grid cells in the Roberts et al. data that feel entirely inshore of the 
20-m isobaths were assigned to the coastal migratory stock. Any grid 
cells that fell outside this 20-m isobaths were apportioned to the 
offshore stock.
    Densities from both of the survey sites were averaged annually to 
provide a density estimate for each species (Table 6). Please see Table 
6 for density values used in the exposure estimation process. 
Additional data regarding average group sizes from survey effort in the 
region was considered to ensure adequate take estimates are evaluated.

[[Page 27590]]



Table 6--Maximum Seasonal Marine Mammal Densities (Number of Animals per 100 km\2\) in the Northern and Southern
                                                  Survey Areas
----------------------------------------------------------------------------------------------------------------
                                                                                  Mean annual density (number of
                                                                                       animals/100km\2\) \a\
          Species groups            Marine mammal species          Stock         -------------------------------
                                                                                     Northern        Southern
                                                                                    survey area     survey area
----------------------------------------------------------------------------------------------------------------
Cetaceans.........................  North Atlantic right   Western North                   0.169           0.102
                                     whale.                 Atlantic.
                                    Fin whale............  Western North                   0.154           0.058
                                                            Atlantic.
                                    Sperm whale..........  North Atlantic.......           0.017           0.002
                                    Humpback whale.......  Gulf of Maine........           0.042           0.040
                                    Common minke whale...  Canadian East Coast..           0.044           0.010
                                    Risso's dolphin......  Western North                   0.014           0.001
                                                            Atlantic.
                                    Long-finned pilot      Western North                   0.108           0.005
                                     whale.                 Atlantic.
                                    Short-finned pilot     Western North                   0.108           0.005
                                     whale.                 Atlantic.
                                    Atlantic white-sided   Western North                   0.836           0.092
                                     dolphin.               Atlantic.
                                    Common dolphin (short- Western North                   5.692           0.739
                                     beaked).               Atlantic.
                                    Common bottlenose      Western North                   2.616           8.158
                                     dolphin.               Atlantic--Offshore.
                                                           Western North                  14.203          33.409
                                                            Atlantic--Coastal
                                                            Migratory.
                                    Atlantic spotted       Western North                   0.129           0.004
                                     dolphin.               Atlantic.
                                    Harbor porpoise......  Gulf of Maine/Bay of            3.012           0.874
                                                            Fundy.
Pinnipeds.........................  Harbor seal..........  Western North                   1.690           1.226
                                                            Atlantic.
                                    Gray seal............  Western North                   1.690           1.226
                                                            Atlantic.
----------------------------------------------------------------------------------------------------------------
\a\ All density data was derived from Roberts et al. (2016a, 2016b, 2017, 2018, 2020, 2021a, and 2021b)

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    In order to estimate the number of marine mammals predicted to be 
exposed to sound levels that would result in harassment, radial 
distances to predicted isopleths corresponding to Level B harassment 
thresholds are calculated, as described above. The maximum distance 
(i.e., 141-m distance associated with the Medium SBPs) to the Level B 
harassment criterion and the estimated distance traveled per day by a 
given survey vessel (i.e., 62-km (38.5-mi)) are then used to calculate 
the daily ensonified area, or zone of influence (ZOI) around the survey 
vessel.
    NEETMA estimates that proposed surveys will achieve a maximum daily 
track line distance of 62 km per day (24-hour period) during proposed 
HRG surveys. This distance accounts for the vessel traveling at 
approximately 4-knots and accounts for non-active survey periods. Based 
on the maximum estimated distance to the Level B harassment threshold 
of 141-m (refer back to Table 5) and the maximum estimated daily track 
line distance of 62-km across both survey sites, an area of 5,183.97-
km\2\ would be ensonified to the Level B harassment threshold during 
NEETMA's proposed surveys (Table 7) based on the following formula:

Mobile Source ZOI = (Distance/day x 2r) + [pi]r2

Where:

Distance/day = the maximum distance a survey vessel could travel in 
a 24-hour period; and
r = the maximum radial distance from a given sound source to the 
NOAA Level B harassment thresholds.


                        Table 7--ZOI for Each Type of Representative HRG Survey Equipment
----------------------------------------------------------------------------------------------------------------
                                                              Largest
                                                             harassment      Distance/ day in
                     Equipment type                       isopleth in  km           km            ZOI  (km\2\)
                                                               (m); r
----------------------------------------------------------------------------------------------------------------
Shallow SBP............................................         0.048 (48)                 62               5.98
Medium SBP (sparker)...................................        0.141 (141)                                 17.61
----------------------------------------------------------------------------------------------------------------

    These calculated ZOIs were than input to yield the total ensonified 
area per day (in km\2\), as shown in Table 8 below.

                                            Table 8--HRG Survey Area Distances for NEETMA's Proposed Project
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
HRG survey equipment type                                  Specific equipment used                               Largest          Survey  Calculated ZOI
                                                                                                              harassment   distances per         per day
                                                                                                             isopleth; r             day         (km\2\)
                                                                                                                    (km)         (km)\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow SBP........................                              TB CHIRP III                                      0.048              62            5.98
                                    ---------------------------------------------------------------------
Medium (SBP).......................  AA, Dura-spark UHD     AA, Dura-spark UHD     GeoMarine Geo Spark             0.141                           17.61
                                      (500 J/400 tip).       400+400.               2000 (400 tip).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Assumes 24-hours of survey activity during the proposed project.


[[Page 27591]]

    As described above, this is a conservative estimate as it assumes 
the HRG source that results in the greatest isopleth distance to the 
Level B harassment threshold would be operated at all times during the 
entire survey, which may not ultimately occur.
    The number of marine mammals expected to be incidentally taken per 
day is then calculated by estimating the number of each species 
predicted to occur within the daily ensonified area (animals/km\2\), 
incorporating the maximum seasonal estimated marine mammal densities as 
described above. Estimated numbers of each species taken per day across 
both survey sites are then multiplied by the total number of survey 
days (i.e., 320). The product is then rounded, to generate an estimate 
of the total number of instances of harassment expected for each 
species over the duration of the survey. A summary of this method is 
illustrated in the following formula with the resulting proposed take 
of marine mammals is shown below in Table 11:

Estimated Take = D x ZOI x # of days

Where:

D = average species density (per km\2\); and
ZOI = maximum daily ensonified area to relevant thresholds.


   Table 11--Total Estimated Takes by Level B Harassment and Percent of Population/Stock Proposed for NEETMA's
                                                     Project
----------------------------------------------------------------------------------------------------------------
                                                      Calculated Level B take          Proposed Level B take
                                                 ---------------------------------------------------------------
     Marine mammal species            Stock          Northern        Southern
                                                    survey area     survey area    Proposed \a\     % stock \c\
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale....  Western North               7.40            0.83               8            2.17
                                 Atlantic.
Fin whale.....................  Western North               6.73            0.47               7            0.10
                                 Atlantic.
Sperm whale...................  North Atlantic..            0.73            0.02               3            0.07
Humpback whale................  Gulf of Maine...            1.83            0.33       \b\ 3 (6)        \b\ 0.21
                                                                                                          (0.43)
Common minke whale............  Canadian East               1.92            0.08               2            0.01
                                 Coast.
Risso's dolphin...............  Western North               0.62            0.01              30            0.09
                                 Atlantic.
Long-finned pilot whale.......  Western North               4.72            0.04              20            0.05
                                 Atlantic.
Short-finned pilot whale......  Western North               4.72            0.04              20            0.07
                                 Atlantic.
Atlantic white-sided dolphin..  Western North              36.52            0.76              37            0.04
                                 Atlantic.
Common dolphin (short-beaked).  Western North             248.52            6.04             255            0.15
                                 Atlantic.
Common bottlenose dolphin.....  Western North              53.88            9.27              63            0.10
                                 Atlantic--Offsh
                                 ore.
                                Western North             325.25          235.27             561            8.45
                                 Atlantic--Coast
                                 al Migratory.
Atlantic spotted dolphin......  Western North               5.61            0.03             100            0.25
                                 Atlantic.
Harbor porpoise...............  Gulf of Maine/            131.51            7.15             139            0.15
                                 Bay of Fundy.
Harbor seal...................  Western North              73.77           10.02              84            0.14
                                 Atlantic.
Gray seal.....................  Western North              73.77           10.02              84            0.31
                                 Atlantic.
----------------------------------------------------------------------------------------------------------------
\a\ All of these values were requested by NEETMA, with exception for the value in parenthesis found for humpback
  whales.
\b\ The values in parenthesis were a proposed adjustment by NMFS based on a proposed adjustment to account for
  higher recorded occurrences of humpback whales in the New York Bight area (see King et al., 2021).
\c\ Calculated percentages of population/stock were based on the population estimates (Nest) found in the NMFS's
  draft 2021 U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessment on NMFS's website (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports).

    Adjustments have been made for sperm whales (Barkaszi and Kelly, 
2019), Risso's dolphin (Baird et al., 1991; Barkaszi and Kelly, 2019), 
pilot whales spp.(CETAP, 1982), and Atlantic spotted dolphins 
(Jefferson et al., 2008) based on typical group sizes due to estimated 
takes lower than the predicted group size. The take numbers shown in 
Table 11 represent those originally calculated and requested by NEETMA 
with minor modifications proposed by NMFS for one species.
    Based on recent information from King et al. (2021) that 
demonstrated that the humpback whale is commonly sighted along the New 
York Bight area, NMFS determined that the humpback whale take request 
may be too low given the occurrence of animals near the survey area. 
Because of this, NMFS proposes to increase the requested take to 
account for underestimates to the actual occurrence of this species 
within the density data.

Proposed Mitigation

    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 the 
activity, and other means of effecting the least practicable impact on 
the species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of the 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 the 
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 consider 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. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned), the likelihood of effective implementation (probability 
implemented as planned), and;
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost and impact on 
operations.

[[Page 27592]]

Mitigation for Marine Mammals and Their Habitat

    NMFS proposes the following mitigation measures be implemented 
during NEETMA's proposed marine site characterization surveys. Pursuant 
to section 7 of the ESA, NEETMA would also be required to adhere to 
relevant Project Design Criteria (PDC) of the NMFS' Greater Atlantic 
Regional Fisheries Office (GARFO) programmatic consultation 
(specifically PDCs 4, 5, and 7) regarding geophysical surveys along the 
U.S. Atlantic coast (https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation).

Marine Mammal Exclusion Zones and Harassment Zones

    Marine mammal exclusion zones (EZ) would be established around the 
HRG survey equipment and monitored by NMFS-approved protected species 
observers (PSOs):
     500 m EZ for North Atlantic right whales during use of 
specified acoustic sources (sparkers, boomers, and non-parametric sub-
bottom profilers).
     100 m EZ for all other marine mammals, with certain 
exceptions specified below, during operation of impulsive acoustic 
sources (boomer and/or sparker).
    If a marine mammal is detected approaching or entering the EZs 
during the HRG survey, the vessel operator would adhere to the shutdown 
procedures described below to minimize noise impacts on the animals. 
These stated requirements will be included in the site-specific 
training to be provided to the survey team.

Pre-Start Clearance

    Marine mammal clearance zones would be established around the HRG 
survey equipment and monitored by protected species observers (PSOs):
     500 m for all ESA-listed marine mammals; and,
     100 m for all other marine mammals.
    NEETMA would implement a 30-minute pre-start clearance period prior 
to the initiation of ramp-up of specified HRG equipment (see exception 
to this requirement in the Shutdown Procedures section below). During 
this period, clearance zones will be monitored by the PSOs, using the 
appropriate visual technology. Ramp-up may not be initiated if any 
marine mammal(s) is within its respective clearance zone. If a marine 
mammal is observed within a clearance zone during the pre-start 
clearance period, ramp-up may not begin until the animal(s) has been 
observed exiting its respective exclusion zone or until an additional 
time period has elapsed with no further sighting (i.e., 15 minutes for 
small odontocetes and seals, and 30 minutes for all other species).

Ramp-Up of Survey Equipment

    A ramp-up procedure, involving a gradual increase in source level 
output, is required at all times as part of the activation of the 
acoustic source when technically feasible. The ramp-up procedure would 
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 vacate the area prior to the commencement of survey 
equipment operation at full power. Operators should ramp up sources to 
half power for 5 minutes and then proceed to full power.
    Ramp-up activities will be delayed if a marine mammal(s) enters its 
respective exclusion zone. Ramp-up will continue if the animal has been 
observed exiting its respective exclusion zone or until an additional 
time period has elapsed with no further sighting (i.e., 15 minutes for 
small odontocetes and seals and 30 minutes for all other species).
    Ramp-up may occur at times of poor visibility, including nighttime, 
if appropriate visual monitoring has occurred with no detections of 
marine mammals in the 30 minutes prior to beginning ramp-up. Acoustic 
source activation may only occur at night where operational planning 
cannot reasonably avoid such circumstances.

Shutdown Procedures

    An immediate shutdown of the impulsive HRG survey equipment would 
be required if a marine mammal is sighted entering or within its 
respective exclusion zone. The vessel operator must comply immediately 
with any call for shutdown by the Lead PSO. Any disagreement between 
the Lead PSO and vessel operator should be discussed only after 
shutdown has occurred. Subsequent restart of the survey equipment can 
be initiated if the animal has been observed exiting its respective 
exclusion zone or until an additional time period has elapsed (i.e., 15 
minutes for harbor porpoise, 30 minutes for all other species).
    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 (refer back to Table 5), shutdown would occur.
    If the acoustic source is shut down for reasons other than 
mitigation (e.g., mechanical difficulty) for less than 30 minutes, it 
may be activated again without ramp-up if PSOs have maintained constant 
observation and no detections of any marine mammal have occurred within 
the respective exclusion zones. If the acoustic source is shut down for 
a period longer than 30 minutes, then pre-clearance and ramp-up 
procedures will be initiated as described in the previous section.
    The shutdown requirement would be waived for pinnipeds and for 
small delphinids of the following genera: Delphinus, Lagenorhynchus, 
Stenella, and Tursiops. Specifically, if a delphinid from the specified 
genera or a pinniped is visually detected approaching the vessel (i.e., 
to bow ride) or towed equipment, shutdown is not required. Furthermore, 
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 judgement in making the decision to call for a shutdown. 
Additionally, shutdown is required if a delphinid or pinniped is 
detected in the exclusion zone and belongs to a genus other than those 
specified.
    Shutdown, pre-start clearance, and ramp-up procedures are not 
required during HRG survey operations using only non-impulsive sources 
(e.g., echosounders) other than non-parametric sub-bottom profilers 
(e.g., CHIRPs).

Vessel Strike Avoidance

    NEETMA must adhere to the following measures except in the case 
where compliance would create an imminent and serious threat to a 
person or vessel or to the extent that a vessel is restricted in its 
ability to maneuver and, because of the restriction, cannot comply.
     Vessel operators and crews must maintain a vigilant watch 
for all protected species and slow down, stop their vessel, or alter 
course, as appropriate and regardless of vessel size, to avoid striking 
any protected species. A visual observer aboard the vessel must monitor 
a vessel strike avoidance zone based on the appropriate separation 
distance around the vessel (distances stated below). Visual observers 
monitoring the vessel strike avoidance zone may be third-party 
observers (i.e., PSOs) or crew members, but crew members

[[Page 27593]]

responsible for these duties must be provided sufficient training to 
(1) distinguish protected species from other phenomena and (2) broadly 
to identify a marine mammal as a right whale, other whale (defined in 
this context as sperm whales or baleen whales other than right whales), 
or other marine mammal.
     Members of the monitoring team will consult NMFS North 
Atlantic right whale reporting system and WhaleAlert (http://www.whalealert.org), as able, for the presence of North Atlantic right 
whales throughout survey operations, and for the establishment of a 
DMA. If NMFS should establish a DMA in the survey area during the 
survey, the vessels will abide by speed restrictions in the DMA.
     All survey vessels, regardless of size, must observe a 10-
knot speed restriction in specific areas designated by NMFS for the 
protection of North Atlantic right whales from vessel strikes including 
seasonal management areas (SMAs) and dynamic management areas (DMAs) 
when in effect;
     All vessels greater than or equal to 19.8 m in overall 
length operating from November 1 through April 30 will operate at 
speeds of 10 knots or less at all times;
     All vessels must reduce their speed to 10 knots or less 
when mother/calf pairs, pods, or large assemblages of cetaceans are 
observed near a vessel;
     All vessels must maintain a minimum separation distance of 
500 m from right whales and other ESA-listed large whales;
     If a whale is observed but cannot be confirmed as a 
species other than a right whale or other ESA-listed large whale, the 
vessel operator must assume that it is a right whale and take 
appropriate action;
     All vessels must maintain a minimum separation distance of 
100 m from non-ESA listed whales;
     All vessels must, to the maximum extent practicable, 
attempt to maintain a minimum separation distance of 50 m from all 
other marine mammals, with an understanding that at times this may not 
be possible (e.g., for animals that approach the vessel).
     When marine mammals are sighted while a vessel is 
underway, the vessel shall take action as necessary to avoid violating 
the relevant separation distance (e.g., attempt to remain parallel to 
the animal's course, avoid excessive speed or abrupt changes in 
direction until the animal has left the area). If marine mammals are 
sighted within the relevant separation distance, the vessel must reduce 
speed and shift the engine to neutral, not engaging the engines until 
animals are clear of the area. This does not apply to any vessel towing 
gear or any vessel that is navigationally constrained.
    Project-specific training will be conducted for all vessel crew 
prior to the start of a survey and during any changes in crew such that 
all survey personnel are fully aware and understand the mitigation, 
monitoring, and reporting requirements. Prior to implementation with 
vessel crews, the training program will be provided to NMFS for review 
and approval. 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 member understands and will 
comply with the necessary requirements throughout the survey 
activities.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, we have preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on marine mammal species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed 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 
authorizations 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 
proposed action area. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     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); and,
     Mitigation and monitoring effectiveness.

Proposed Monitoring Measures

    Visual monitoring will be performed by qualified, NMFS-approved 
PSOs, the resumes of whom will be provided to NMFS for review and 
approval prior to the start of survey activities. NEETMA would employ 
independent, dedicated, trained PSOs, meaning that the PSOs must 1) be 
employed by a third-party observer provider, 2) have no tasks other 
than to conduct observational effort, collect data, and communicate 
with and instruct relevant vessel crew with regard to the presence of 
marine mammals and mitigation requirements (including brief alerts 
regarding maritime hazards), and 3) have successfully completed an 
approved PSO training course appropriate for their designated task. On 
a case-by-case basis, non-independent observers may be approved by NMFS 
for limited, specific duties in support of approved, independent PSOs 
on smaller vessels with limited crew capacity operating in nearshore 
waters. Section 5 of the draft IHA contains further details regarding 
PSO approval.
    The PSOs will be responsible for monitoring the waters surrounding 
each survey vessel to the farthest extent permitted by sighting 
conditions, including exclusion zones, during all HRG survey 
operations. PSOs will visually monitor and identify marine mammals, 
including those approaching or entering the established exclusion zones 
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 the action(s) that are necessary to ensure mitigation and

[[Page 27594]]

monitoring requirements are implemented as appropriate.
    During all HRG survey operations (e.g., any day on which use of an 
HRG source is planned to occur), a minimum of one PSO must be on duty 
during daylight operations on each survey vessel, conducting visual 
observations at all times on all active survey vessels during daylight 
hours (i.e., from 30 minutes prior to sunrise through 30 minutes 
following sunset). Two PSOs will be on watch during nighttime 
operations. The PSO(s) would ensure 360[deg] visual coverage around the 
vessel from the most appropriate observation posts and would conduct 
visual observations using binoculars and/or night vision goggles and 
the naked eye while free from distractions and in a consistent, 
systematic, and diligent manner. PSOs may be on watch for a maximum of 
4 consecutive hours followed by a break of at least 2 hours between 
watches and may conduct a maximum of 12 hours of observation per 24-hr 
period. In cases where multiple vessels are surveying concurrently, any 
observations of marine mammals would be communicated to PSOs on all 
nearby survey vessels.
    PSOs must be equipped with binoculars and have the ability to 
estimate distance and bearing to detect marine mammals, particularly in 
proximity to exclusion zones. Reticulated binoculars must also be 
available to PSOs for use as appropriate based on conditions and 
visibility to support the sighting and monitoring of marine mammals. 
During nighttime operations, night-vision goggles with thermal clip-ons 
and infrared technology would be used. Position data would be recorded 
using hand-held or vessel GPS units for each sighting.
    During good conditions (e.g., daylight hours; Beaufort sea state 
(BSS) 3 or less), to the maximum extent practicable, PSOs would also 
conduct observations when the acoustic source is not operating for 
comparison of sighting rates and behavior with and without use of the 
active acoustic sources. Any observations of marine mammals by crew 
members aboard any vessel associated with the survey would be relayed 
to the PSO team. Data on all PSO observations would be recorded based 
on standard PSO collection requirements. This would include dates, 
times, and locations of survey operations; dates and times of 
observations, location and weather; details of marine mammal sightings 
(e.g., species, numbers, behavior); and details of any observed marine 
mammal behavior that occurs (e.g., noted behavioral disturbances).

Proposed Reporting Measures

    Within 90 days after completion of survey activities or expiration 
of this IHA, whichever comes sooner, a draft report will be provided to 
NMFS that fully documents the methods and monitoring protocols, 
summarizes the data recorded during monitoring, summarizes the number 
of marine mammals observed during survey activities (by species, when 
known), summarizes the mitigation actions taken during surveys 
(including what type of mitigation and the species and number of 
animals that prompted the mitigation action, when known), and provides 
an interpretation of the results and effectiveness of all mitigation 
and monitoring. A final report must be submitted within 30 days 
following resolution of any comments on the draft report. All draft and 
final marine mammal and acoustic monitoring reports must be submitted 
to [email protected] and [email protected]. The 
report must contain at minimum, the following:
     PSO names and affiliations;
     Dates of departures and returns to port with port name;
     Dates and times (Greenwich Mean Time) of survey effort and 
times corresponding with PSO effort;
     Vessel location (latitude/longitude) when survey effort 
begins and ends;
     Vessel location at beginning and end of visual PSO duty 
shifts;
     Vessel heading and speed at beginning and end of visual 
PSO duty shifts and upon any line change;
     Environmental conditions while on visual survey (at 
beginning and end of PSO shift and whenever conditions change 
significantly), including wind speed and direction, Beaufort sea state, 
Beaufort wind force, swell height, weather conditions, cloud cover, sun 
glare, and overall visibility to the horizon;
     Factors that may be contributing to impaired observations 
during each PSO shift change or as needed as environmental conditions 
change (e.g., vessel traffic, equipment malfunctions); and
     Survey activity information, such as type of survey 
equipment in operation, acoustic source power output while in 
operation, and any other notes of significance (i.e., pre-start 
clearance survey, ramp-up, shutdown, end of operations, etc.).
    If a marine mammal is sighted, the following information should be 
recorded:
     Watch status (sighting made by PSO on/off effort, 
opportunistic, crew, alternate vessel/platform);
     PSO who sighted the animal;
     Time of sighting;
     Vessel location at time of sighting;
     Water depth;
     Direction of vessel's travel (compass direction);
     Direction of animal's travel relative to the vessel;
     Pace of the animal;
     Estimated distance to the animal and its heading relative 
to vessel at initial sighting;
     Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified); also note the composition 
of the group if there is a mix of species;
     Estimated number of animals (high/low/best);
     Estimated number of animals by cohort (adults, yearlings, 
juveniles, calves, group composition, etc.);
     Description (as many distinguishing features as possible 
of each individual seen, including length, shape, color, pattern, scars 
or markings, shape and size of dorsal fin, shape of head, and blow 
characteristics);
     Detailed behavior observations (e.g., number of blows, 
number of surfaces, breaching, spyhopping, diving, feeding, traveling; 
as explicit and detailed as possible; note any observed changes in 
behavior);
     Animal's closest point of approach and/or closest distance 
from the center point of the acoustic source;
     Platform activity at time of sighting (e.g., deploying, 
recovering, testing, data acquisition, other); and
     Description of any actions implemented in response to the 
sighting (e.g., delays, shutdown, ramp-up, speed or course alteration, 
etc.) and time and location of the action.
    If a North Atlantic right whale is observed at any time by PSOs or 
personnel on any project vessels, during surveys or during vessel 
transit, NEETMA must immediately report sighting information to the 
NMFS North Atlantic Right Whale Sighting Advisory System: (866) 755-
6622. North Atlantic right whale sightings in any location may also be 
reported to the U.S. Coast Guard via Channel 16.
    In the event that NEETMA personnel discover an injured or dead 
marine mammal, NEETMA will report the incident to the NMFS Office of 
Protected Resources (OPR) and the NMFS New England/Mid-Atlantic 
Stranding Coordinator (978-282-8478 or 978-281-9291) as soon as 
feasible. The report would include the following information:
     Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);

[[Page 27595]]

     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal was 
discovered.
    In the unanticipated event of a ship strike of a marine mammal by 
any vessel involved in the activities covered by the IHA, NEETMA would 
report the incident to the NMFS OPR and the NMFS New England/Mid-
Atlantic Stranding Coordinator (978-282-8478 or 978-281-9291) as soon 
as feasible. The report would include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Species identification (if known) or description of the 
animal(s) involved;
     Vessel's speed during and leading up to the incident;
     Vessel's course/heading and what operations were being 
conducted (if applicable);
     Status of all sound sources in use;
     Description of avoidance measures/requirements that were 
in place at the time of the strike and what additional measures were 
taken, if any, to avoid strike;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
     Estimated size and length of animal that was struck;
     Description of the behavior of the marine mammal 
immediately preceding and following the strike;
     If available, description of the presence and behavior of 
any other marine mammals immediately preceding the strike;
     Estimated fate of the animal (e.g., dead, injured but 
alive, injured and moving, blood or tissue observed in the water, 
status unknown, disappeared); and
     To the extent practicable, photographs or video footage of 
the animal(s).

Negligible Impact Analysis and Determination

    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 (50 CFR 216.103). 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 estimates of the 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), as well as effects on habitat, and the likely effectiveness 
of the mitigation. NMFS also assesses the number, intensity, and 
context of estimated takes by evaluating this information relative to 
population status. Consistent with the 1989 preamble for NMFS's 
implementing regulations (54 FR 40338; September 29, 1989), the impacts 
from other past and ongoing anthropogenic activities are incorporated 
into this analysis 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).
    To avoid repetition, our analysis applies to all the species listed 
in Table 3 given that NMFS expects the anticipated effects of the 
proposed survey to be similar in nature. Where there are meaningful 
differences between species or stocks--as is the case of the North 
Atlantic right whale--they are included as separate subsections below. 
NMFS does not anticipate that serious injury or mortality would occur 
as a result from HRG surveys, even in the absence of mitigation, and no 
serious injury or mortality is proposed to be authorized. As discussed 
in the Potential Effects of Specified Activities on Marine Mammals and 
their Habitat section, non-auditory physical effects and vessel strike 
are not expected to occur. NMFS expects that all potential takes would 
be in the form of short-term Level B behavioral harassment in the form 
of temporary avoidance of the area or decreased foraging (if such 
activity was occurring), reactions that are considered to be of low 
severity and with no lasting biological consequences (e.g., Southall et 
al., 2007). Even repeated Level B harassment of some small subset of an 
overall stock is unlikely to result in any significant realized 
decrease in viability for the affected individuals, and thus would not 
result in any adverse impact to the stock as a whole. As described 
above, Level A harassment is not expected to occur given the nature of 
the operations and the estimated size of the Level A harassment zones.
    In addition to being temporary, the maximum expected harassment 
zone around a survey vessel is 141 m. Although this distance is assumed 
for all survey activities in estimating take numbers proposed for 
authorization and evaluated here, in reality much of the survey 
activity would involve use of non-impulsive acoustic sources with a 
reduced acoustic harassment zone of 48 m, producing expected effects of 
particularly low severity. Therefore, the ensonified area surrounding 
each vessel is relatively small compared to the overall distribution of 
the animals in the area and their use of the habitat. Feeding behavior 
is not likely to be significantly impacted as prey species are mobile 
and are broadly distributed throughout the survey 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 and the availability 
of similar habitat and resources in the surrounding area, 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.
    There are no rookeries, mating or calving grounds known to be 
biologically important to marine mammals within the proposed survey 
area and there are no feeding areas known to be biologically important 
to marine mammals within the proposed survey area. There is no 
designated critical habitat for any ESA-listed marine mammals in the 
proposed survey area.

North Atlantic Right Whales

    The status of the North Atlantic right whale population is of 
heightened concern and, therefore, merits additional analysis. As noted 
previously, elevated North Atlantic right whale mortalities began in 
June 2017 and there is an active UME. Overall, preliminary findings 
support human interactions, specifically vessel strikes and 
entanglements, as the cause of death for the majority of right whales. 
As noted previously, the proposed survey area overlaps a migratory 
corridor BIA for North Atlantic right whales. Due to the fact that the 
proposed survey activities are temporary and the spatial extent of 
sound produced by the survey would be very small relative to the 
spatial extent of the available migratory habitat in the

[[Page 27596]]

BIA, right whale migration is not expected to be impacted by the 
proposed survey. Given the relatively small size of the ensonified 
area, it is unlikely that prey availability would be adversely affected 
by HRG survey operations. Required vessel strike avoidance measures 
will also decrease risk of ship strike during migration; no ship strike 
is expected to occur during NEETMA's proposed activities. Additionally, 
only very limited take by Level B harassment of North Atlantic right 
whales has been requested and is being proposed for authorization by 
NMFS as HRG survey operations are required to maintain a 500 m EZ and 
shutdown if a North Atlantic right whale is sighted at or within the 
EZ. The 500 m shutdown zone for right whales is conservative, 
considering the Level B harassment isopleth for the most impactful 
acoustic source (i.e., sparker) is estimated to be 141 m, and thereby 
minimizes the potential for behavioral harassment of this species. As 
noted previously, Level A harassment is not expected due to the small 
PTS zones associated with HRG equipment types proposed for use. NMFS 
does not anticipate North Atlantic right whales takes that would result 
from NEETMA's proposed activities would impact annual rates of 
recruitment or survival. Thus, any takes that occur would not result in 
population level impacts.

Other Marine Mammal Species With Active UMEs

    As noted previously, there are several active UMEs occurring in the 
vicinity of NEETMA's proposed survey area. Elevated humpback whale 
mortalities have occurred along the Atlantic coast from Maine through 
Florida since January 2016. Of the cases examined, approximately half 
had evidence of human interaction (ship strike or entanglement). The 
UME does not yet provide cause for concern regarding population-level 
impacts. Despite the UME, the relevant population of humpback whales 
(the West Indies breeding population, or DPS) remains stable at 
approximately 12,000 individuals.
    Beginning in January 2017, elevated minke whale strandings have 
occurred along the Atlantic coast from Maine through South Carolina, 
with highest numbers in Massachusetts, Maine, and New York. This event 
does not provide cause for concern regarding population level impacts, 
as the likely population abundance is greater than 20,000 whales.
    The required mitigation measures are expected to reduce the number 
and/or severity of proposed takes for all species listed in Table 3, 
including those with active UMEs, to the level of least practicable 
adverse impact. In particular they would provide animals the 
opportunity to move away from the sound source throughout the survey 
area before HRG survey equipment reaches full energy, thus preventing 
them from being exposed to sound levels that have the potential to 
cause injury (Level A harassment) or more severe Level B harassment. No 
Level A harassment is anticipated, even in the absence of mitigation 
measures, or proposed for authorization.
    NMFS expects that takes would be in the form of short-term Level B 
behavioral harassment by way of brief startling reactions and/or 
temporary vacating of the area, or decreased foraging (if such activity 
was occurring)--reactions that (at the scale and intensity anticipated 
here) are considered to be of low severity, with no lasting biological 
consequences. Since both the sources and marine mammals are mobile, 
animals would only be exposed briefly to a small ensonified area that 
might result in take. Additionally, required mitigation measures would 
further reduce exposure to sound that could result in more severe 
behavioral harassment.

Biologically Important Areas for Other Species

    As previously discussed, impacts from the proposed project are 
expected to be localized to the specific area of activity and only 
during periods of time where NEETMA's acoustic sources are active. 
While areas of biological importance to fin whales, humpback whales, 
and harbor seals can be found off the coast of New Jersey and New York, 
NMFS does not expect this proposed action to affect these areas. These 
important areas are found outside of the range of this survey area, as 
is the case with fin whales and humpback whales (BIAs found further 
north), and, therefore, not expected to be impacted by NEETMA's 
proposed survey activities.
    There are three major haul-out sites exist for harbor seals along 
New Jersey, including at Great Bay, Sand Hook, and Barnegat Inlet 
(CWFNJ, 2015). As hauled out seals would be out of the water, no in-
water effects are expected.

Preliminary Determinations

    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
     No mortality or serious injury is anticipated or proposed 
for authorization;
     No Level A harassment is anticipated, even in the absence 
of mitigation measures, or proposed for authorization;
     Foraging success is not likely to be significantly 
impacted as effects on species that serve as prey species for marine 
mammals from the survey are expected to be minimal;
     The availability of alternate areas of similar habitat 
value for marine mammals to temporarily vacate the survey area during 
the planned survey to avoid exposure to sounds from the activity;
     Take is anticipated to be by Level B behavioral harassment 
only, consisting of brief startling reactions and/or temporary 
avoidance of the survey area;
     While the survey area is within areas noted as a migratory 
BIA for North Atlantic right whales, the activities would occur in such 
a comparatively small area such that any avoidance of the survey area 
due to activities would not affect migration. In addition, mitigation 
measures require shutdown at 500 m (almost four times the size of the 
Level B harassment isopleth (141 m)), which minimizes the effects of 
the take on the species; and,
     The proposed mitigation measures, including visual 
monitoring and shutdowns, are expected to minimize potential impacts to 
marine mammals.
    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 proposed mitigation, 
monitoring, and reporting measures, NMFS preliminarily finds that the 
total marine mammal take from the proposed 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 sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be

[[Page 27597]]

taken is fewer than one third of the species or stock abundance, the 
take is considered to be of small numbers. Additionally, other 
qualitative factors may be considered in the analysis, such as the 
temporal or spatial scale of the activities.
    NMFS proposes to authorize incidental take of 15 marine mammal 
species (with 16 managed stocks). The total amount of takes proposed 
for authorization relative to the best available population abundance 
is less than 8.5 percent for all stocks which NMFS preliminarily finds 
are small numbers of marine mammals relative to the estimated overall 
population abundances for those stocks. Refer back to Table 3.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily 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 would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 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 Office of Protected Resources (OPR) consults internally whenever 
we propose to authorize take for endangered or threatened species. NMFS 
is authorizing the incidental take of four species of marine mammals 
which are listed under the ESA, including the North Atlantic right, 
fin, and sperm whale, and has determined that these activities fall 
within the scope of activities analyzed 107 in GARFO's programmatic 
consultation regarding geophysical surveys along the U.S. Atlantic 
coast in the three Atlantic Renewable Energy Regions (completed June 
29, 2021; revised September 2021).

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to NEETMA for conducting high-resolution site 
characterization surveys off New Jersey for one year from the date of 
issuance, provided the previously mentioned mitigation, monitoring, and 
reporting requirements are incorporated. A draft of the proposed 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 analyses, the proposed authorization, and 
any other aspect of this notice of proposed IHA for the proposed marine 
site characterization surveys. We also request at this time comment on 
the potential Renewal of this proposed IHA as described in the 
paragraph below. Please include with your comments any supporting data 
or literature citations to help inform decisions on the request for 
this IHA or a 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 activities as described in the Description of Proposed 
Activities section of this notice is planned or (2) the activities as 
described in the Description of Proposed Activities 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).
    (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: May 4, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-09917 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-22-P