[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95186-95187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28215]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE341]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Maryland Offshore Wind Project
Offshore of Maryland
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 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 US Wind, Inc.
(US Wind), for the taking of marine mammals incidental to the
construction of the Maryland Offshore Wind Project (hereafter known as
the ``Project'').
DATES: The LOA is effective from January 1, 2025 through December 31,
2029.
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: Jessica Taylor, 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 A
harassment is defined as any act of
[[Page 95187]]
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
associated LOA(s). NMFS promulgated regulations on October 23, 2024 (89
FR 84676) for the taking of marine mammals incidental to the
construction of the Maryland Offshore Wind Project offshore of
Maryland. The LOA authorizes US 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 23, 2024, NMFS promulgated a final rule (89 FR 84674)
responding to a request from US Wind for authorization to take marine
mammals (19 species comprising 20 stocks) by Level B harassment (all 20
stocks) and by Level A harassment (5 stocks of the 20 stocks)
incidental to construction activities occurring in Federal and State
waters off of Maryland, 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 0490 (collectively, ``Lease Area'') and along two export
cable routes to sea-to-shore transition points (collectively referred
to as the ``Project Area''), over the course of 5 years (January 1,
2025 through December 31, 2029). The final rule included the following
specified activities: the installation of up to 114 wind turbine
generators (WTGs) on monopile foundations using impact pile driving;
the installation of 4 offshore substations (OSSs) on jacket foundations
consisting of post-piled pin piles using impact pile driving; the
installation of one meteorological tower (Met Tower) on pin piles using
impact pile driving; installation and subsequent removal of gravity
cells to connect the offshore export cables to onshore facilities
within Delaware Seashore State Park; high-resolution geophysical (HRG)
marine site characterization surveys using active acoustic sources;
fishery and ecological monitoring surveys; the placement of scour
protection; the installation of the export cable routes from OSSs to
shore-based converter stations and inter-array cables between turbines
by trenching, laying, and burial activities; vessel transit within the
specified geographical region to transport crew, supplies, and
materials; and WTG operation.
Marine mammals exposed to elevated noise levels during foundation
impact pile driving may be taken by Level A harassment, and marine
mammals exposed to elevated noise levels during impact pile driving and
HRG site characterization surveys may be taken by Level B harassment.
No mortality or serious injury of any marine mammal is anticipated or
authorized. The number of takes, by species, authorized may be found in
table 1 in the LOA, which is available at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Authorization
In accordance with the final rule (89 FR 84674, October 23, 2024;
see 50 CFR 217.306), NMFS has issued a LOA to US Wind authorizing the
take, by harassment, of marine mammals incidental to specified
activities within the specified geographical region. As previously
stated, 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 (89 FR
84674, October 23, 2024). 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
pile driving 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 upon commencement of impact pile driving and ramp-up
of acoustic sources during HRG surveys; (6) use of noise attenuation
technology during foundation pile driving; (7) use of situational
awareness monitoring for marine mammal presence; (8) use of sound field
verification monitoring; (9) use of PAM within the vessel transit
corridor for Project vessels to travel over 10 knots (11.5 miles per
hour); and (10) implementation of several vessel strike avoidance
measures to avoid vessel strikes, including but not limited to, vessel
separation zones between marine mammals and project vessels.
Additionally, NMFS may modify the LOA's mitigation, monitoring, or
reporting measures, based on new information. US Wind is also required
to submit reports, as specified in the final rule.
Based on the findings discussed in the preamble of the final rule,
NMFS has determined that the take authorized in the LOA is of small
numbers, 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 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-28215 Filed 11-29-24; 8:45 am]
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