[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88892-88894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28404]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD546]


Takes of Marine Mammals Incidental To Specified Activities; 
Taking Marine Mammals Incidental to New England Wind, Phase 1 Park City 
Wind Marine Site Characterization Surveys

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

ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from Park City Wind, LLC (Park 
City Wind), for the re-issuance of a previously issued incidental 
harassment authorization (IHA) with the only change being effective 
dates. The initial IHA authorized take of marine mammals incidental to 
marine site characterization surveys in coastal waters off of 
Massachusetts, Rhode Island, Connecticut, and New York. The project has 
been delayed and none of the work covered in the initial IHA has been 
conducted. The scope of the activities and anticipated effects remain 
the same, authorized take numbers are not changed, and the required 
mitigation, monitoring, and reporting remains the same as included in 
the initial IHA. NMFS is, therefore, issuing a second identical IHA to 
cover the incidental take analyzed and authorized in the initial IHA.

DATES: This authorization is effective from March 1, 2024, through 
February 28, 2025.

ADDRESSES: An electronic copy of the final 2022 IHA previously issued 
to Park City Wind, Park City Wind's application, and the Federal 
Register notices proposing and issuing the initial IHA may be obtained 
by visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-park-city-wind-llc-new-england-wind-project-phase-1-marine. In case of problems accessing these documents, please call the 
contact listed below (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as 
delegated to

[[Page 88893]]

NMFS) to allow, upon request, the incidental, but not intentional, 
taking of small numbers of marine mammals by U.S. citizens who engage 
in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and either 
regulations are issued or, if the taking is limited to harassment, a 
notice of a proposed authorization is provided to the public for 
review.
    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), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring, and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, 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).

Summary of Request

    On September 1, 2022, NMFS published final notice of our issuance 
of an IHA authorizing take of 16 species of marine mammals incidental 
to marine site characterization surveys in coastal waters off of 
Massachusetts, Rhode Island, Connecticut, and New York in the area of 
the Bureau of Ocean Energy Management (BOEM) Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS)-A 0543 and along potential offshore export 
cable corridors (OECC) to landfall locations (87 FR 44087). The 
effective dates of that IHA were September 1, 2022, through August 31, 
2023. On October 30, 2023, Park City Wind informed NMFS that the 
project was delayed. None of the work identified in the initial IHA 
(i.e., geophysical, geotechnical, and geohazard data collection) has 
occurred. Park City Wind submitted a request to re-issue the IHA, with 
effective dates from March 1, 2024, through February 28, 2025, in order 
to conduct the marine site characterization survey work that was 
analyzed and authorized through the previously issued IHA. The initial 
IHA was effective from September 1, 2022, through August 31, 2023. Park 
City Wind has requested issuance with new effective dates of March 1, 
2024, through February 28, 2025.

Summary of Specified Activity and Anticipated Impacts

    The planned activities (including mitigation, monitoring, and 
reporting), authorized incidental take, and anticipated impacts on the 
affected stocks are the same as those analyzed and authorized through 
the previously issued IHA.
    As part of their overall marine site characterization survey 
operations, Park City Wind plans to conduct high-resolution geophysical 
(HRG) and geotechnical surveys in Lease Area OCS-A 0543, and the 
associated OECC. The purpose of the marine site characterization 
surveys is to collect data concerning seabed (geophysical, 
geotechnical, and geohazard), ecological, and archeological conditions 
within the footprint of offshore wind facility development. Surveys are 
also conducted to map potential unexploded ordnance (UXO) and benthic 
habitat studies.
    The location, timing, and nature of the activities, including the 
types of equipment planned for use, are identical to those described 
for the initial IHA. The mitigation and monitoring are also as 
prescribed in the initial IHA.
    Species that have the potential to be taken by the planned 
activities can be found in the initial 2022 Federal Register notices 
(87 FR 32123, 87 FR 44087). A description of the methods and inputs 
used to estimate take anticipated to occur and, ultimately, the take 
that was authorized is found in the previous documents referenced 
above. NMFS has reviewed recent Stock Assessment Reports, information 
on relevant Unusual Mortality Events, and recent scientific literature, 
and determined that no new information affects our original analysis of 
impacts under the initial IHA.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 
initial 2022 IHA for Park City Wind's survey work (87 FR 44087), Park 
City Wind's application, the Federal Register notice of the proposed 
IHA (87 FR 32123), and all associated references and documents.
    On August 1, 2022, NMFS announced proposed changes to the existing 
NARW vessel speed regulations to further reduce the likelihood of 
mortalities and serious injuries to endangered NARWs from vessel 
collisions, which are a leading cause of the species' decline and a 
primary factor in an ongoing Unusual Mortality Event (87 FR 46921, 
August 1, 2022). Should a final vessel speed rule be issued and become 
effective during the effective period of this IHA (or any other MMPA 
incidental take authorization), the authorization holder would be 
required to comply with any and all applicable requirements contained 
within the final rule. Specifically, where measures in any final vessel 
speed rule are more protective or restrictive than those in this or any 
other MMPA authorization, authorization holders would be required to 
comply with the requirements of the rule. Alternatively, where measures 
in this or any other MMPA authorization are more restrictive or 
protective than those in any final vessel speed rule, the measures in 
the MMPA authorization would remain in place. These changes would 
become effective immediately upon the effective date of any final 
vessel speed rule and would not require any further action on NMFS's 
part.

Determinations

    Park City Wind will conduct activities as analyzed in the initial 
2022 IHA. As described above, the number of authorized takes of the 
same species and stocks of marine mammals are identical to the numbers 
that were found to meet the negligible impact and small numbers 
standards and authorized under the initial IHA and no new information 
has emerged that would change those findings. The issued 2024 IHA 
includes identical required mitigation, monitoring, and reporting 
measures as the initial 2022 IHA, and there is no new information 
suggesting that our analysis or findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has determined the following: (1) the required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; and (4) Park City 
Wind's

[[Page 88894]]

activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action.

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 with respect to environmental 
consequences on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations with no 
anticipated serious injury or mortality) of the Companion Manual for 
NAO 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 determined that the issuance of the initial IHA 
qualified to be categorically excluded from further NEPA review. NMFS 
has determined that the application of this categorical exclusion 
remains appropriate for this IHA.

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 consults internally whenever we propose to authorize take for 
endangered or threatened species.
    NMFS Office of Protected Resources previously determined that 
issuance of the initial 2022 IHA falls within the scope of activities 
analyzed in NMFS Greater Atlantic Regional Fisheries Office's 
programmatic consultation regarding geophysical surveys along the U.S. 
Atlantic coast in the 3 Atlantic Renewable Energy Regions (completed 
June 29, 2021; revised September 2021).

Authorization

    NMFS has issued an IHA to Park City Wind for marine site 
characterization survey activities associated with the specified 
activity from March 1, 2024, through February 28, 2025. All previously 
described mitigation, monitoring, and reporting requirements from the 
initial 2022 IHA are incorporated.

    Dated: December 20, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-28404 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P