[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82834-82835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD540]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Revolution Wind Offshore Wind 
Farm Project Offshore Rhode Island

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

ACTION: Notice of issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to Revolution 
Wind, LLC (Revolution Wind), a subsidiary wholly owned by Orsted Wind 
Power North America, LLC (Orsted), for the taking of marine mammals 
incidental to the construction of the Revolution Wind Offshore Wind 
Farm Project.

DATES: The LOA is effective from November 20, 2023 through November 19, 
2028.

ADDRESSES: The LOA and supporting documentation are available 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 below (see 
FOR FURTHER INFORMATION CONTACT).

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

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, regulations are 
promulgated (when applicable), and public notice and an opportunity for 
public comment are provided.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). If such findings are made, NMFS must prescribe the 
permissible methods of taking; ``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 as ``mitigation''); and requirements pertaining to the monitoring 
and reporting of such takings. The MMPA defines ``take'' to mean 
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or 
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A 
harassment is defined as any act of pursuit, torment, or annoyance 
which has the potential to injure a marine mammal or marine mammal 
stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3). Level B 
harassment is defined as any act of pursuit, torment, or annoyance 
which 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 (16 U.S.C. 1362(18); 50 CFR 216.3). Section 
101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR 
part 216, subpart I authorize NMFS to propose and, if appropriate, 
promulgate regulations and issue an associated LOA(s). NMFS promulgated 
regulations on October 20, 2023 (88 FR 72562) for the taking of marine 
mammals incidental to the construction of the Revolution Wind Offshore 
Wind Farm Project offshore of Rhode Island. The LOA authorizes 
Revolution Wind and those persons it authorizes or funds to conduct 
activities on its behalf to take marine mammals incidental to specified 
activities during the construction of the Project and requires them to 
implement mitigation, monitoring, and reporting requirements.

Summary of Request

    On October 20, 2023, NMFS promulgated a final rule (88 FR 72562) 
responding to a request from Revolution Wind for authorization to take 
marine mammals (16 species comprising 16 stocks) by Level B harassment 
(all 16 stocks) and by Level A harassment (10 stocks) incidental to 
construction activities occurring in Federal and State waters off of 
Rhode Island, specifically within and around the Bureau of Ocean Energy 
Management (BOEM) Commercial Lease of Submerged Lands for Renewable 
Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-
A 0486 (Lease Area) and along 2 export cable routes to sea-to-shore 
transition points (collectively referred to as the ``Project Area''), 
over the course of 5 years (November 20, 2023 through November 19, 
2028). The activities covered under the final rule include: the 
installation of 79 wind turbine generators (WTGs) and 2 offshore 
substations (OSSs) on monopile foundations by impact pile driving; the

[[Page 82835]]

installation and subsequent removal of nearshore temporary cofferdams 
and goal posts by vibratory pile driving or two casing pipes using 
pneumatic hammering at the cable landfall sites at Quonset Point in 
North Kingstown, Rhode Island; high-resolution geophysical (HRG) marine 
site characterization surveys using active acoustic sources; the 
detonation of up to 13 unexploded ordnance or munitions and explosives 
of concern (UXO/MECs) of different charge weights; fishery and 
ecological monitoring surveys; the placement of scour protection; the 
installation of the export cable route from OSSs to shore-based 
converter stations and inter-array cables between turbines by 
trenching, laying, and burial activities; vessel transits within the 
specified geographical region to transport crew, supplies, and 
materials to support construction and operation.
    Marine mammals exposed to elevated noise levels during impact 
driving or UXO/MEC detonations may be taken by Level A harassment, and 
marine mammals exposed to elevated noise levels during impact and 
vibratory pile driving, site characterization surveys, or UXO/MEC 
detonations may be taken by Level B harassment. No Level A harassment 
of North Atlantic right whales, blue whales, sperm whales, Atlantic 
spotted dolphins, long-finned pilot whales, or Risso's dolphins is 
anticipated or authorized. No mortality or serious injury of any marine 
mammal is anticipated or authorized.

Authorization

    In accordance with the final rule (88 FR 72562, October 20, 2023, 
see 50 CFR 217.276), we have issued a LOA to Revolution Wind 
authorizing the take, by harassment, of marine mammals incidental to 
specified construction activities within the specified geographical 
region. No mortality or serious injury of any marine mammal species is 
anticipated or authorized. The incidental takes authorized herein are 
the same as those analyzed and authorized in the final rule (88 FR 
72562, October 20, 2023). Takes of marine mammals will be minimized 
through the following planned mitigation and monitoring measures, as 
applicable for each specified activity: (1) implementation of seasonal/
time of day work restrictions; (2) use of multiple NMFS-approved 
Protected Species Observers (PSOs) to visually observe for marine 
mammals (with any detection within specifically designated zones 
triggering a delay or shutdown, as applicable); (3) use of NMFS-
approved passive acoustic monitoring (PAM) operators to acoustically 
detect marine mammals, with a focus on detecting baleen whales (with 
any detection within designated zones triggering a delay or shutdown, 
as applicable); (4) implementation of clearance and shutdown zones; (5) 
use of soft-start prior to the start of impact pile driving; (6) use of 
noise attenuation technology during impact pile driving and UXO/MEC 
detonations; (7) use of situational awareness monitoring for marine 
mammal presence; (8) use of sound field verification monitoring; (9) 
use of soft-start impact pile driving and ramp-up acoustic sources 
during HRG surveys; (10) implementation of vessel separation zones 
between marine mammals and project vessels; (11) use of PAM within the 
vessel transit corridor for Project vessels to travel over 10 knots 
(11.5 miles per hour); and (12) implementation of Vessel Strike 
Avoidance measures to reduce the risk of a vessel collision with a 
marine mammals. Additionally, NMFS may modify the LOA's mitigation, 
monitoring, or reporting measures, based on new information, when 
appropriate (see 50 CFR 217.277(c)). Revolution Wind is also required 
to submit reports, as specified in the final rule.
    Based on the findings and information discussed in the preamble of 
the final rule, the take authorized in the LOA will have a negligible 
impact on marine mammal stocks, will not have an unmitigable adverse 
impact on the availability of the affected marine mammal stock for 
subsistence uses, and the mitigation measures provide a means of 
affecting the least practicable adverse impact on the affected stocks 
and their habitat.

    Dated: November 21, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-26077 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-22-P