80_FR_67943 80 FR 67731 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of the Block Island Transmission System

80 FR 67731 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of the Block Island Transmission System

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range67731-67732
FR Document2015-27974

Notice is hereby given that we have revised an incidental harassment authorization (IHA) issued to The Narragansett Electric Company, doing business as National Grid (TNEC), to take marine mammals, by harassment, incidental to construction of the Block Island Transmission System (BITS). The project has been delayed and the effective dates revised accordingly.

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015) 
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Notices]
[Pages 67731-67732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27974]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD131


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Construction of the Block Island 
Transmission System

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

ACTION: Notice; issuance of a revised incidental harassment 
authorization.

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SUMMARY: Notice is hereby given that we have revised an incidental 
harassment authorization (IHA) issued to The Narragansett Electric 
Company, doing business as National Grid (TNEC), to take marine 
mammals, by harassment, incidental to construction of the Block Island 
Transmission System (BITS). The project has been delayed and the 
effective dates revised accordingly.

DATES: This authorization is now effective from October 30, 2015, 
through October 29, 2016.

ADDRESSES: A copy of this revised IHA is available by writing to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910.
    An electronic copy of this revised IHA may be obtained by visiting 
the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/.

FOR FURTHER INFORMATION CONTACT: John Fiorentino, Office of Protected 
Resources, NMFS, (301) 427-8477.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2014, NMFS issued an IHA to Deepwater Wind Block 
Island Transmission, LLC (DWBIT) to take marine mammals, by Level B 
harassment, incidental to construction of the BITS, effective from 
November 1, 2014 through October 31, 2015 (79 FR 51314). On January 30, 
2015, DWBIT sold the BITS, in its entirety, to The Narragansett 
Electric Company, doing business as National Grid (TNEC). We issued a 
revised IHA reflecting this change in the name of the holder on June 3, 
2015, with the dates of effectiveness of the IHA, and all mitigation, 
monitoring, and reporting requirements, remaining unchanged. The BITS, 
a bi-directional submarine transmission cable, will interconnect Block 
Island to TNEC's existing distribution system in Narragansett, Rhode 
Island. In-water work associated with the project was expected to be 
completed within the one-year timeframe of the IHA (effective dates 
originally November 1, 2014 through October 31, 2015). The following 
specific aspects of the planned activities are likely to result in the 
take of marine mammals: Vibratory pile driving and the use of 
dynamically positioned (DP) vessel thrusters. Take, by Level B 
Harassment only, of individuals of nine species (Atlantic white-sided 
dolphin, short-beaked common dolphin, harbor porpoise, minke whale, fin 
whale, humpback whale, North Atlantic right whale, gray seal, and 
harbor seal) is anticipated to result from the specified activity.

Summary of the Activity

    TNEC plans to construct a bi-directional submarine transmission 
cable that will run from Block Island to the Rhode Island mainland. 
Construction of the marine portion of the BITS will involve three 
activities: Cable landfall construction on Block Island using a short-
distance horizontal directional drill (HDD) from a temporary excavated 
trench box on Crescent Beach; cable landfall construction on 
Scarborough State Beach in Narragansett, Rhode Island using a long-
distance HDD from a temporary offshore cofferdam; and installation of 
the submarine BITS cable. The BITS will interconnect Block Island to 
the existing Narragansett Electric Company National Grid distribution 
system on the Rhode Island mainland. Cable landfall construction may 
require the installation and removal of a temporary offshore cofferdam, 
which will involve vibratory pile driving. The generation of underwater 
noise from vibratory pile driving and the DP vessel thruster may result 
in the incidental take of small numbers of marine mammals.

Summary of the Revision

    Construction activities have been delayed for the project due to a 
construction schedule dependent upon receipt of all environmental 
permits and licenses, procurement and completion

[[Page 67732]]

of final engineering design. The final permit approval and contractor 
award were issued in late Winter 2015 and final engineering design was 
not completed until Fall 2015. Therefore, construction activities have 
not commenced to date. No in-water work has occurred, including all 
aspects of the specified activity considered in our issuance of the 
IHA. The IHA, as issued, is a one-year IHA with no consideration of 
seasonality in timing any component of the specified activity.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA in 
order to issue an IHA, we determined that (1) the required mitigation 
measures are sufficient to reduce the effects of the specified 
activities to the level of least practicable impact; (2) the authorized 
takes will have a negligible impact on the affected marine mammal 
species; (3) the authorized takes represent small numbers relative to 
the affected stock abundances; and (4) TNEC's 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. Shifting the effective dates of the IHA to accommodate TNEC's 
delayed schedule for this project has no effect on our analysis of 
project impacts and does not affect our findings. There are no changes 
to any construction methodologies.
    National Environmental Policy Act (NEPA)--In compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
implemented by the regulations published by the Council on 
Environmental Quality (40 CFR parts 1500-1508), and NOAA Administrative 
Order 216-6, NMFS prepared an Environmental Assessment (EA) analyzing 
the potential impacts of the issuance of an IHA for the BITS 
construction. The final EA was prepared in July 2014 and NMFS made a 
Finding of No Significant Impact for this action on August 19, 2014. 
These documents are available on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm.
    The potential environmental impacts of the revision to the BITS IHA 
are within the scope of the environmental impacts analyzed in the EA. 
NMFS has determined that there are no substantial changes to the action 
and that there are no new direct, indirect, or cumulative effects to 
the human environment resulting from the revision to the IHA. 
Therefore, NMFS has determined that new or supplemental EAs or 
Environmental Impact Statements are unnecessary, and reaffirms the 
existing FONSI for this action.
    Endangered Species Act (ESA)--There are three marine mammal species 
that are listed as endangered under the ESA: Fin whale, humpback whale, 
and North Atlantic right whale. Under section 7 of the ESA, the U.S. 
Army Corps of Engineers (the federal permitting agency for the actual 
BITS construction) consulted with NMFS on the proposed BITS project. 
NMFS also consulted internally on the issuance of an IHA under section 
101(a)(5)(D) of the MMPA for this activity. NMFS Northeast Region (now 
known as the Greater Atlantic Regional Office (GARFO)) issued a 
Biological Opinion on January 30, 2014, concluding that the Block 
Island Wind Farm project (which includes the BITS) and NMFS' issuance 
of an IHA may adversely affect but are not likely to jeopardize the 
continued existence of fin whale, humpback whale, or North Atlantic 
right whale. The Biological Opinion further concluded that critical 
habitat would not be affected by the proposed action since it did not 
occur in the action area. NMFS determined the revision to the IHA to 
change the authorization period of effectiveness to October 30, 2015, 
through October 29, 2016 falls within the scope of what was analyzed in 
the Biological Opinion and does not change the basis for NMFS' original 
determinations. In a memo dated October 21, 2015, NMFS made the 
determination that a re-initiation of a section 7 formal consultation 
was not necessary.
    In summary, no new information is available that would 
substantively affect our analyses under the MMPA, NEPA, or ESA. All 
mitigation, monitoring, and reporting measures described in our notice 
of issuance of the IHA remain in effect. The species for which take was 
authorized and the numbers of incidences of take authorized are 
unchanged.
    As a result of the foregoing, we have revised the IHA issued to 
TNEC for construction of the BITS. The IHA is now effective from 
October 30, 2015, through October 29, 2016. With these revised dates, 
TNEC can perform the installation of the cofferdam and submarine cable 
intended to meet the Block Island Wind Farm operational deadline of 
December 2016.

    Dated: October 29, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-27974 Filed 11-2-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices 67731 environments that are the foundation for (Federal Domestic Assistance Catalog sold the BITS, in its entirety, to The thriving communities and stable Number 11.429 Marine Sanctuary Program) Narragansett Electric Company, doing economies. One of the many ways Dated: September 30, 2015. business as National Grid (TNEC). We ONMS ensures public participation in John Armor, issued a revised IHA reflecting this the designation and management of Acting Director, Office of National Marine change in the name of the holder on national marine sanctuaries is through Sanctuaries, National Ocean Service, June 3, 2015, with the dates of the formation of advisory councils. National Oceanic and Atmospheric effectiveness of the IHA, and all National marine sanctuary advisory Administration. mitigation, monitoring, and reporting councils are community-based advisory [FR Doc. 2015–27987 Filed 11–2–15; 8:45 am] requirements, remaining unchanged. groups established to provide advice BILLING CODE 3510–NK–P The BITS, a bi-directional submarine and recommendations to the transmission cable, will interconnect superintendents of the national marine Block Island to TNEC’s existing sanctuaries on issues including DEPARTMENT OF COMMERCE distribution system in Narragansett, management, science, service, and Rhode Island. In-water work associated stewardship; and to serve as liaisons National Oceanic and Atmospheric with the project was expected to be between their constituents in the Administration completed within the one-year community and the sanctuary. RIN 0648–XD131 timeframe of the IHA (effective dates Additional information on ONMS and originally November 1, 2014 through its advisory councils can be found at Takes of Marine Mammals Incidental to October 31, 2015). The following http://sanctuaries.noaa.gov. Information Specified Activities; Taking Marine specific aspects of the planned activities related to the purpose, policies and Mammals Incidental to Construction of are likely to result in the take of marine operational requirements for advisory the Block Island Transmission System mammals: Vibratory pile driving and councils can be found in the charter for the use of dynamically positioned (DP) a particular advisory council (http:// AGENCY: National Marine Fisheries vessel thrusters. Take, by Level B sanctuaries.noaa.gov/management/ac/ Service (NMFS), National Oceanic and Harassment only, of individuals of nine council_charters.html) and the National Atmospheric Administration (NOAA), species (Atlantic white-sided dolphin, Marine Sanctuary Advisory Council Commerce. short-beaked common dolphin, harbor Implementation Handbook (http://www. ACTION: Notice; issuance of a revised porpoise, minke whale, fin whale, sanctuaries.noaa.gov/management/ac/ incidental harassment authorization. humpback whale, North Atlantic right acref.html). whale, gray seal, and harbor seal) is SUMMARY: Notice is hereby given that we anticipated to result from the specified The following is a list of the vacant have revised an incidental harassment activity. seats, including positions (i.e., primary authorization (IHA) issued to The member or alternate), for each of the Narragansett Electric Company, doing Summary of the Activity advisory councils currently seeking business as National Grid (TNEC), to TNEC plans to construct a bi- applications for members and alternates: take marine mammals, by harassment, directional submarine transmission Greater Farallones National Marine incidental to construction of the Block cable that will run from Block Island to Sanctuary Advisory Council: Public Island Transmission System (BITS). The the Rhode Island mainland. Youth (alternate). project has been delayed and the Construction of the marine portion of Hawaiian Islands Humpback Whale effective dates revised accordingly. the BITS will involve three activities: National Marine Sanctuary Advisory DATES: This authorization is now Cable landfall construction on Block Council: Citizen-at-large (alternate); effective from October 30, 2015, through Island using a short-distance horizontal Education (alternate); Fishing (primary); October 29, 2016. directional drill (HDD) from a temporary Fishing (alternate); Hawai‘i County excavated trench box on Crescent ADDRESSES: A copy of this revised IHA (primary); Hawai‘i County (alternate); Beach; cable landfall construction on is available by writing to Jolie Harrison, Honolulu County (primary); Kaua‘i Scarborough State Beach in Chief, Permits and Conservation County (primary); Kaua‘i County Narragansett, Rhode Island using a long- Division, Office of Protected Resources, (alternate); Lāna‘i Island (alternate); distance HDD from a temporary offshore National Marine Fisheries Service, 1315 Research (primary); Maui County cofferdam; and installation of the East-West Highway, Silver Spring, MD (primary); Maui County (alternate); submarine BITS cable. The BITS will 20910. Moloka‘i Island (alternate); Tourism interconnect Block Island to the existing An electronic copy of this revised IHA (alternate); Whale Watching (primary); Narragansett Electric Company National may be obtained by visiting the Internet and Whale Watching (alternate). Grid distribution system on the Rhode at: http://www.nmfs.noaa.gov/pr/ Monterey Bay National Marine Island mainland. Cable landfall permits/incidental/. Sanctuary Advisory Council: At-Large construction may require the FOR FURTHER INFORMATION CONTACT: John installation and removal of a temporary (alternate). Fiorentino, Office of Protected offshore cofferdam, which will involve National Marine Sanctuary of Resources, NMFS, (301) 427–8477. American Samoa Advisory Council: vibratory pile driving. The generation of SUPPLEMENTARY INFORMATION: underwater noise from vibratory pile Business/Industry (primary). Background driving and the DP vessel thruster may Olympic Coast National Marine result in the incidental take of small Sanctuary Advisory Council: Education mstockstill on DSK4VPTVN1PROD with NOTICES On November 1, 2014, NMFS issued numbers of marine mammals. (primary); Education (alternate); Fishing an IHA to Deepwater Wind Block Island (primary); Fishing (alternate); Marine Transmission, LLC (DWBIT) to take Summary of the Revision Resources Committee (primary); Marine marine mammals, by Level B Construction activities have been Resources Committee (alternate); and harassment, incidental to construction delayed for the project due to a Tourism/Economic Development of the BITS, effective from November 1, construction schedule dependent upon (alternate). 2014 through October 31, 2015 (79 FR receipt of all environmental permits and Authority: 16 U.S.C. Sections 1431, et seq. 51314). On January 30, 2015, DWBIT licenses, procurement and completion VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1

67732 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Notices of final engineering design. The final unnecessary, and reaffirms the existing DEPARTMENT OF COMMERCE permit approval and contractor award FONSI for this action. were issued in late Winter 2015 and Endangered Species Act (ESA)— National Oceanic and Atmospheric final engineering design was not There are three marine mammal species Administration completed until Fall 2015. Therefore, that are listed as endangered under the RIN 0648–XE288 construction activities have not ESA: Fin whale, humpback whale, and commenced to date. No in-water work North Atlantic right whale. Under New England Fishery Management has occurred, including all aspects of section 7 of the ESA, the U.S. Army Council; Public Meeting the specified activity considered in our Corps of Engineers (the federal issuance of the IHA. The IHA, as issued, AGENCY: National Marine Fisheries permitting agency for the actual BITS is a one-year IHA with no consideration Service (NMFS), National Oceanic and construction) consulted with NMFS on of seasonality in timing any component Atmospheric Administration (NOAA), the proposed BITS project. NMFS also of the specified activity. Commerce. consulted internally on the issuance of an IHA under section 101(a)(5)(D) of the ACTION: Notice; public meeting. Findings MMPA for this activity. NMFS SUMMARY: The New England Fishery Marine Mammal Protection Act Northeast Region (now known as the Management Council (Council) is (MMPA)—As required by the MMPA in Greater Atlantic Regional Office scheduling a public meeting of its order to issue an IHA, we determined (GARFO)) issued a Biological Opinion Scallop Committee Meeting on that (1) the required mitigation measures are sufficient to reduce the on January 30, 2014, concluding that the Thursday, November 19, 2015 to effects of the specified activities to the Block Island Wind Farm project (which consider actions affecting New England level of least practicable impact; (2) the includes the BITS) and NMFS’ issuance fisheries in the exclusive economic zone authorized takes will have a negligible of an IHA may adversely affect but are (EEZ). Recommendations from this impact on the affected marine mammal not likely to jeopardize the continued group will be brought to the full Council species; (3) the authorized takes existence of fin whale, humpback for formal consideration and action, if represent small numbers relative to the whale, or North Atlantic right whale. appropriate. affected stock abundances; and (4) The Biological Opinion further concluded that critical habitat would DATES: This meeting will be held on TNEC’s activities will not have an Thursday, November 19, 2015 at 9 a.m. unmitigable adverse impact on taking not be affected by the proposed action since it did not occur in the action area. ADDRESSES: The meeting will be held at for subsistence purposes as no relevant NMFS determined the revision to the the Radisson Airport Hotel, 2081 Post subsistence uses of marine mammals are IHA to change the authorization period Road, Warwick, RI 02886; telephone: implicated by this action. Shifting the of effectiveness to October 30, 2015, (401) 739–3000; fax: (401) 732–9309. effective dates of the IHA to through October 29, 2016 falls within Council address: New England accommodate TNEC’s delayed schedule the scope of what was analyzed in the Fishery Management Council, 50 Water for this project has no effect on our Biological Opinion and does not change Street, Mill 2, Newburyport, MA 01950. analysis of project impacts and does not affect our findings. There are no changes the basis for NMFS’ original FOR FURTHER INFORMATION CONTACT: to any construction methodologies. determinations. In a memo dated Thomas A. Nies, Executive Director, National Environmental Policy Act October 21, 2015, NMFS made the New England Fishery Management (NEPA)—In compliance with the determination that a re-initiation of a Council; telephone: (978) 465–0492. National Environmental Policy Act of section 7 formal consultation was not SUPPLEMENTARY INFORMATION: 1969 (42 U.S.C. 4321 et seq.), as necessary. Agenda implemented by the regulations In summary, no new information is published by the Council on available that would substantively affect The Committee will review Environmental Quality (40 CFR parts our analyses under the MMPA, NEPA, Amendment 19 alternatives, analyses, 1500–1508), and NOAA Administrative or ESA. All mitigation, monitoring, and and public comments received to date Order 216–6, NMFS prepared an reporting measures described in our and make final recommendations. Environmental Assessment (EA) notice of issuance of the IHA remain in Amendment 19 was developed to analyzing the potential impacts of the effect. The species for which take was consider measures to better align fishery issuance of an IHA for the BITS authorized and the numbers of allocations with the start of the scallop construction. The final EA was prepared incidences of take authorized are fishing year. They will also review in July 2014 and NMFS made a Finding unchanged. Framework 27 alternatives and analyses of No Significant Impact for this action As a result of the foregoing, we have and make final recommendations. on August 19, 2014. These documents revised the IHA issued to TNEC for Framework 27 was developed to are available on our Web site at construction of the BITS. The IHA is consider fishery allocations for fishing http://www.nmfs.noaa.gov/pr/permits/ now effective from October 30, 2015, year 2016 and default measures for incidental/energy_other.htm. through October 29, 2016. With these fishing year 2017. The Committee will The potential environmental impacts revised dates, TNEC can perform the review progress to date and potentially of the revision to the BITS IHA are installation of the cofferdam and provide input on a future Council within the scope of the environmental submarine cable intended to meet the sponsored workshop related to concerns impacts analyzed in the EA. NMFS has Block Island Wind Farm operational raised about inshore scallop fishing mstockstill on DSK4VPTVN1PROD with NOTICES determined that there are no substantial deadline of December 2016. patterns. Finally, the Committee will changes to the action and that there are review and potentially provide input on no new direct, indirect, or cumulative Dated: October 29, 2015. draft guidance prepared by NMFS effects to the human environment Perry F. Gayaldo, related to the Magnuson Act resulting from the revision to the IHA. Deputy Director, Office of Protected requirement to evaluate limited access Therefore, NMFS has determined that Resources, National Marine Fisheries Service. privilege programs within five years new or supplemental EAs or [FR Doc. 2015–27974 Filed 11–2–15; 8:45 am] after adoption. Other business may be Environmental Impact Statements are BILLING CODE 3510–22–P discussed if time permits. VerDate Sep<11>2014 18:04 Nov 02, 2015 Jkt 238001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1


Document Created: 2018-03-01 11:32:07
Document Modified: 2018-03-01 11:32:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of a revised incidental harassment authorization.
DatesThis authorization is now effective from October 30, 2015, through October 29, 2016.
ContactJohn Fiorentino, Office of Protected Resources, NMFS, (301) 427-8477.
FR Citation80 FR 67731 
RIN Number0648-XD13
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