82_FR_22341 82 FR 22250 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of New York

82 FR 22250 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of New York

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22250-22277
FR Document2017-09706

NMFS has received an application from Deepwater Wind, LLC, (DWW) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to high-resolution geophysical (HRG) and geotechnical survey investigations associated with marine site characterization activities off the coast of New York in the area of the Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS-A 0486) (Lease Area) and along potential submarine cable routes to a landfall location in Easthampton, New York (``Submarine Cable Corridor'') (collectively the Lease Area and Submarine Cable Corridor are the Project Area). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to DWW to incidentally take marine mammals during the specified activities.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Notices]
[Pages 22250-22277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09706]



[[Page 22249]]

Vol. 82

Friday,

No. 91

May 12, 2017

Part III





Department of Commerce





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National Oceanic and Atmospheric Administration





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Takes of Marine Mammals Incidental to Specified Activities; Taking 
Marine Mammals Incidental to Site Characterization Surveys Off the 
Coast of New York; Notice

Federal Register / Vol. 82 , No. 91 / Friday, May 12, 2017 / 
Notices

[[Page 22250]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF119


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Site Characterization Surveys Off 
the Coast of New York

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from Deepwater Wind, LLC, 
(DWW) for an Incidental Harassment Authorization (IHA) to take marine 
mammals, by harassment, incidental to high-resolution geophysical (HRG) 
and geotechnical survey investigations associated with marine site 
characterization activities off the coast of New York in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0486) (Lease Area) 
and along potential submarine cable routes to a landfall location in 
Easthampton, New York (``Submarine Cable Corridor'') (collectively the 
Lease Area and Submarine Cable Corridor are the Project Area). Pursuant 
to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments 
on its proposal to issue an IHA to DWW to incidentally take marine 
mammals during the specified activities.

DATES: Comments and information must be received no later than June 12, 
2017.

ADDRESSES: Comments on DWW's IHA application should be addressed to 
Jolie Harrison, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. The mailbox address for providing 
email comments is [email protected].
    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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm 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: Laura McCue, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained by visiting the Internet at: 
www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. In case of 
problems accessing these documents, please call the contact listed 
above.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical area, the incidental, but not 
intentional, taking of small numbers of marine mammals provided that 
certain findings are made and the necessary prescriptions are 
established.
    The incidental taking of small numbers of marine mammals shall be 
allowed if NMFS (through authority delegated by the Secretary) finds 
that the total taking by the specified activity during the specified 
time period will (i) have a negligible impact on the species or 
stock(s) and (ii) not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). Further, the permissible methods of taking, as well as the 
other means of effecting the least practicable adverse impact on the 
species or stock and its habitat (i.e., mitigation) must be prescribed. 
Last, requirements pertaining to the monitoring and reporting of such 
taking must be set forth.
    Where there is the potential for serious injury or death, the 
allowance of incidental taking requires promulgation of regulations 
under section 101(a)(5)(A). Subsequently, a Letter (or Letters) of 
Authorization may be issued as governed by the prescriptions 
established in such regulations, provided that the level of taking will 
be consistent with the findings made for the total taking allowable 
under the specific regulations. Under section 101(a)(5)(D), NMFS may 
authorize incidental taking by harassment only (i.e., no serious injury 
or mortality), for periods of not more than one year, pursuant to 
requirements and conditions contained within an Incidental Harassment 
Authorization (IHA). The promulgation of regulations or issuance of 
IHAs (with their associated mitigation, monitoring, and reporting) 
requires notice and opportunity for public comment.
    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, we adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    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).

Summary of Request

    On December 1, 2016, NMFS received an application from DWW for the 
taking of marine mammals incidental to Spring 2017 geophysical survey 
investigations in the area of the Commercial Lease of Submerged Lands 
for Renewable Energy Development on the Outer Continental Shelf (OCS) 
lease area #OCS-A-0486 Lease Area and along potential submarine cable 
routes to a landfall location in Easthampton, New York (Project Area) 
designated and offered by the U.S. Bureau of Ocean Energy Management 
(BOEM), to support the development of an offshore wind project. DWW's 
request was for harassment only, and NMFS concurs that mortality is not 
expected to result from this activity, and an IHA is appropriate. NMFS 
determined that the application was adequate and complete on April 27, 
2017.
    The proposed geophysical survey activities would occur for 168 days 
beginning in June 2017, and geotechnical survey activities would take 
place in June 2017 and last for approximately 75 days. The following 
specific aspects of the proposed activities are likely to result in the 
take of marine mammals: Shallow and medium-penetration sub-bottom 
profiler (chirper, boomer, and sparker) used

[[Page 22251]]

during the HRG survey, and vibracore and dynamically-positioned (DP) 
vessel thruster used in support of geotechnical survey activities. 
Take, by Level B Harassment only of individuals of 18 species of marine 
mammals and take by Level A harassment of 3 species is anticipated to 
result from the specified activities. No serious injury or mortality is 
expected from DWW's HRG and geotechnical surveys.

Description of the Specified Activity

Overview

    DWW proposes to conduct a geophysical and geotechnical survey in 
the Project Area to support the characterization of the existing seabed 
and subsurface geological conditions in the Project Area. Surveys will 
include the use of the following equipment: Multi-beam depth sounder, 
side-scan sonar, sub-bottom profiler, vibracores, and cone penetration 
tests (CPTs).

Dates and Duration

    HRG surveys are anticipated to commence in June 2017 and will last 
for approximately 168 days, including estimated weather down time. 
Geotechnical surveys requiring the use of the DP drill ship will take 
place in June 2017, at the earliest, and will last for approximately 75 
days excluding weather downtime. Equipment is expected run continuously 
for 24 hours per day.

Specified Geographic Region

    DWW's survey activities will occur in the approximately 97,498-acre 
Lease Area designated and offered by BOEM. The Lease Area falls within 
the Rhode Island Massachusetts Wind Energy Area (RI-MA WEA; Figure 1 of 
the IHA application) with water depths ranging from 31-45 meters (m) 
(102-148 feet (ft)).

Detailed Description of the Specified Activities

High-Resolution Geophysical (HRG) Survey Activities
    Marine site characterization surveys will include the following HRG 
survey activities:
     Depth sounding (multibeam depth sounder) to determine 
water depths and general bottom topography;
     Seafloor imaging (sidescan sonar survey) to classify 
seabed sediment, and to identify natural (e.g. hard bottom substrate) 
and man-made acoustic targets (e.g. archeological or cultural objects) 
resting on the bottom as well as any anomalous natural seafloor 
features;
     Shallow penetration sub-bottom profiler (chirp) to map the 
near surface stratigraphy (top 0-5 meter (m) soils below seabed);
     Medium penetration sub-bottom profiler (boomer) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed;
     Medium penetration sub-bottom profiler (sparker) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed); and
     Marine magnetometer for the detection and mapping of all 
sizes of ferrous objects, including anchors, chains, cables, pipelines, 
ballast stone and other scattered shipwreck debris, munitions of all 
sizes (UXO), aircraft, engines and any other object with magnetic 
expression.
    The HRG surveys are scheduled to begin, in June, 2017. Table 1 
identifies the representative survey equipment that is being considered 
in support of the HRG survey activities. The make and model of the 
listed HRG equipment will vary depending on availability but will be 
finalized as part of the survey preparations and contract negotiations 
with the survey contractor. The final selection of the survey equipment 
will be confirmed prior to the start of the HRG survey program. Only 
the make and model of the HRG equipment may change, not the types of 
equipment or the addition of equipment with characteristics that might 
have effects beyond (i.e., resulting in larger ensonified areas) those 
considered in this proposed IHA. None of the proposed HRG survey 
activities will result in the disturbance of bottom habitat in the 
Project Area; however, the geotechnical surveys may temporarily disrupt 
the bottom habitat during vibracoring or CPTs. The impacts to the 
impact are expected to be negligible (see Potential Effects of the 
Specified Activity on Marine Mammals and their Habitat section).

                                  Table 1--Summary of Representative DWW Geophysical and Geotechnical Survey Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Beam width
            Equipment                   Operating frequencies           Source level          Source depth           (degrees)          Pulse duration
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Multibeam Depth Sounding
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reson SeaBat 7125 Multibeam        200 kHz or 400 kHz.............  220 dBRMS...........  4m below surface....  0.5[deg] beam by     0.03 to 0.3
 Echosounder.                                                                                                    128[deg] coverage.   milliseconds (ms).
Reson Multibeam Echosounder        200 kHz or 400 kHz.............  221 dBRMS...........  1 meter below         128[deg]...........  30-300 [mu]s.
 (7125). \1\                                                                               surface.
RESON 7000 \1\...................  200 & 400 kHz..................  162 dBRMS...........  2-5m below surface..  140[deg]...........  0.33 ms.
R2SONIC..........................  200 & 400 kHz..................  162 dBRMS...........  1 meter below         1[deg]'28..........  0.11 ms.
                                                                                           surface.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Shallow Sub-bottom Profiling (chirp)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Teledyne Benthos Chirp III Sub-    2-7 kHz........................  217 dBRMS...........  4m below surface....  45[deg]............  0.2 ms.
 bottom Profiler.
EdgeTech Full-Spectrum (Chirp)     2-16 kHz.......................  140-180 dB (peak      0.5-1 meter distance  170[deg]...........  45 to 120 ms.
 Ssub-bottom Profiler Equipped                                       SPL, dB re 1[mu]Pa).  from transducer.
 with a SB216 Tow Vehicle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Medium Penetration Sub-bottom Profiling (boomer)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applied Acoustics (Fugro provided  0.1-10 kHz.....................  175 dBRMS...........  1-2m below surface..  60[deg]............  58 ms.
 specs for Fugro boomer).

[[Page 22252]]

 
Applied Acoustics high-resolution  0.250-8 kHz....................  222dB (re 1[mu]Pa at  0.5 meter below       25[deg]-35[deg]....  300-500 [mu]s.
 (S-Boom System) medium                                              2 meters).            surface.
 penetration sub-bottom profiling
 system consisting of a CSP-D
 2400HV power supply and 3-plate
 catamaran (600 joules/pulse).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Medium Penetration Sub-bottom Profiling (sparker)
--------------------------------------------------------------------------------------------------------------------------------------------------------
800 Joule GeoResources Sparker...  0.75-2.75 kHz..................  213 dBRMS (186 dBSEL  4m below surface....  omni directional     0.1 to 0.2 ms.
                                                                     for 1,000 Joul *).                          360[deg].
Applied Acoustics 100-1,000 joule  0.03 to 1.2 kHz................  213 dBRMS 186 dBSEL   0.5-1m below surface  omni directional     0.5-1.5 ms.
 Dura-Spark 240 System.                                              for 1,000 Joul *.                           360.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Side Scan Sonar
--------------------------------------------------------------------------------------------------------------------------------------------------------
EdgeTech 4200 Dual Frequency Side  300 kHz and 900 kHz............  215-220 dB..........  5-10m above seafloor  horizontal 300 kHz:  300 kHz up to 12
 Scan Sonar System.                                                                                              0.5[deg]; 900 kHz:   ms; 900 kHz up to
                                                                                                                 0.2[deg] vertical    3 ms.
                                                                                                                 (50[deg]) l.
Side Scan Sonar: EdgeTech 4000     410 kHz........................  225 dBRMS...........  5-10m above seafloor  400 kHz: 0.4[deg]..  10-20 ms.
 \2\ (spec provided for 4125).
EdgeTech 4200 Dual Frequency side  300 kHz; 600 kHz...............  215-220 dB..........  5-10m above seafloor  horizontal 300 kHz:  300 kHz up to 12
 scan sonar system.                                                                                              0.5[deg], 600 kHz:   ms; 600 kHz up to
                                                                                                                 0.26[deg] vertical   5 ms.
                                                                                                                 (50[deg]).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Magnetometer (No sound is generated)
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-882 Marine Magnetometer (self-   N/A............................  N/A.................  N/A.................  highest sensitivity  N/A.
 oscillating split-beam                                                                                          at 0.004 nT/
 nonradioactive cesium vapor).                                                                                   [Ouml]Hz.
SeaSPY...........................  N/A............................  N/A.................  N/A.................  highest sensitivity  N/A.
                                                                                                                 at 0.01 nT/
                                                                                                                 [Ouml]Hz.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Vibracores
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alpine Model P pneumatic           Unknown........................  Unknown.............  Seabed to 20ft above  omni directional     duration of core.
 Vibracore System3.                                                                        seabed.               360.
Vibracore Operations: HPC or       10-20 kHz......................  185 dBRMS...........  46 meters...........  n/a................  n/a.
 Rossfelder Corer4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CPTs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Serafloor deployed 200kN CPT Rig.  Unknown........................  Unknown.............  Seabed..............  omnidirectional 360  duration of CPT.
Seabed CPT.......................  n/a............................  n/a no effect.......  On seafloor.........  n/a................  n/a.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     DP Thruster System (possible during both geophysical and geotechnical surveys)
--------------------------------------------------------------------------------------------------------------------------------------------------------
DP Thruster/Propeller System.....  0.1 to 10 kHz..................  150 dBRMS...........  12 m depth..........  Unknown............  Unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* BOEM, 2016, Table 10.

    The HRG survey activities will be supported by a vessel 
approximately 100 to 200 ft in length and capable of maintaining course 
and a survey speed of approximately two to five knots while transiting 
survey lines
    Given the size of the Lease Area (160,480 acres), to minimize cost, 
the duration of survey activities, and the period of potential impact 
on marine species, DWW has proposed conducting continuous HRG survey 
operations 24 hours per day. Based on 24-hour operations, the estimated 
duration of the survey activities would be approximately 168 days 
(including estimated weather down time).
    Both NMFS and BOEM have advised that the deployment of HRG survey 
equipment, including the use of intermittent, impulsive sound-producing 
equipment operating below 200 kilohertz (kHz) (e.g., sub-bottom 
profilers), has the potential to cause acoustic harassment to marine 
mammals. Based on the frequency ranges of the equipment to be used in 
support of the HRG survey activities (Table 1) and the hearing ranges 
of the marine mammals that have the potential to occur in the Lease 
Area during survey activities (Table 3), only the shallow and medium 
sub-bottom profilers (chirps, boomers, and sparkers), vibracores, and 
DP thruster systems fall within the established marine mammal hearing 
ranges and have the potential to result in Level B harassment of marine 
mammals.

[[Page 22253]]

Geotechnical Survey Activities
    Marine site characterization surveys will involve the following 
geotechnical survey activities:
     Vibracores will be taken to determine the geological and 
geotechnical characteristics of the sediments; and
     Cone Penetration Testing (CPT) will be performed to 
determine stratigraphy and in-situ conditions of the sediments.
    It is anticipated that the geotechnical surveys will take place no 
sooner than June 2017. Vibracore and CPT operations would utilize DP 
thrusters for about 60 percent of the time while holding on position 
and conducting the CPT or vibracore. Each CPT or vibracore would take 
about 15 to 30 minutes to conduct. Approximately 10 vibracores per day 
or 8 CPTs per day is expected, either one or the other (not both). 
Therefore, vibracores would run for approximately 5 hours per day 
assuming 10 per day at 0.5 hr per test. DP thrusters would be operating 
approximately 60% of the time or 3 hours per day for vibracore and 2.4 
hours for CPT.
    Geotechnical surveys are anticipated to be conducted from a 200-ft 
to 300-ft DP vessel/drill ship or a jack up barge with support of a tug 
boat. For purposes here, use of an approximately 200-ft to 300-ft DP 
vessel is assumed. All survey activities will be executed in compliance 
with Lease OCS-A-0486 (``Lease''), 30 CFR part 585 and the July 2015 
BOEM Guidelines for Providing Geophysical, Geotechnical, and Geohazard 
Information Pursuant to 30 CFR part 585. DP vessel thruster systems 
maintain their precise coordinates in waters through the use of 
automatic controls. These control systems use variable levels of power 
to counter forces from current and wind. Operations will take place 
over a 24-hour period to ensure cost, the duration of survey 
activities, and the period of potential impact on marine species are 
minimized. Based on 24-hour operations, the estimated duration of the 
geotechnical survey activities would be approximately 75 days excluding 
weather downtime.
    Field studies conducted off the coast of Virginia (Tetra Tech, 
2014) to determine the underwater noise produced by borehole drilling 
and CPTs confirm that these activities do not result in underwater 
noise levels that are harmful or harassing to marine mammals (i.e., do 
not exceed NMFS' current Level A and Level B harassment thresholds for 
marine mammals). However, underwater noise produced by the thrusters 
associated with the DP geotechnical vessel (estimated frequency range 
0.1 to 10 kHz) that will be used to support the geotechnical activities 
has the potential to result in Level B harassment (DONG 2016).
    Proposed mitigation, monitoring, and reporting measures are 
described in in detail later in the document (Mitigation section and 
Monitoring and Reporting section).

Description of Marine Mammals in the Area of the Specified Activity

    There are 36 species of marine mammals that potentially occur in 
the Northwest Atlantic Outer Continental Shelf (OCS) region (BOEM, 
2014) (Table 2). The majority of these species are pelagic and/or 
northern species or are so rarely sighted that their presence in the 
Project Area is unlikely. Eighteen of these species are included in the 
take estimate for this project based on seasonal density in the Project 
area. The other 18 species are not included in the take request because 
they have low densities in the Project area, are rarely sighted there, 
and are considered very unlikely to occur in the area. Six marine 
mammal species are listed under the Endangered Species Act (ESA) and 
are known to be present, at least seasonally, in the waters off the 
Northwest Atlantic OCS: Blue whale, fin whale, humpback whale, North 
Atlantic right whale, sei whale, and sperm whale, of which only 5 are 
included in the take request (blue whales are not included). Many of 
these species are highly migratory and do not spend extended periods of 
time in a localized area. The waters off the Northwest Atlantic OC 
(including the Lease Area) are primarily used as a stopover point for 
these species during seasonal movements north or south between 
important feeding and breeding grounds.
    Below is a description of the species that are both common in the 
waters of the OCS southeast of New York and have the highest likelihood 
of occurring, at least seasonally, in the Project Area.
    Further information on the biology, ecology, abundance, and 
distribution of those species likely to occur in the Project Area can 
be found in section 4 of DWW's application, and the NMFS Marine Mammal 
Stock Assessment Reports (see Waring et al., 2016), which are available 
online at: http://www.nmfs.noaa.gov/pr/species/.

               Table 2--Marine Mammals Known To Occur in the Waters Off the Northwest Atlantic OCS
----------------------------------------------------------------------------------------------------------------
                                                                    Stock abundance
                                                   NMFS MMPA and    (CV, Nmin, most              Occurrence and
          Common name                 Stock         ESA  status;        recent        PBR \3\    seasonality in
                                                   strategic  (Y/      abundance                the  NW Atlantic
                                                       N) \1\         survey) \2\                      OCS
----------------------------------------------------------------------------------------------------------------
                                           Toothed whale (Odontoceti)
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin    W. North          -; N             48,819 (0.61;           304  rare.
 (Lagenorhynchus acutus).        Atlantic.                          30,403; n/a).
Atlantic spotted dolphin        W. North          -; N             44,715 (0.43;           316  rare.
 (Stenella frontalis).           Atlantic.                          31,610; n/a).
Bottlenose dolphin (Tursiops    W. North          -; N             77,532 (0.40;           561  Common year
 truncatus).                     Atlantic,                          56,053; 2011).               round.
                                 Offshore.
Clymene Dolphin (Stenella       W. North          -; N             Unknown (unk;         Undet  rare.
 clymene).                       Atlantic.                          unk; n/a).
Pantropical Spotted Dolphin     W. North          -; N             3,333 (0.91;             17  rare.
 (Stenella attenuata).           Atlantic.                          1,733; n/a).
Risso's dolphin (Grampus        W. North          -; N             18,250 (0.46;           126  rare.
 griseus).                       Atlantic.                          12,619; n/a).
Short-beaked common dolphin     W. North          -; N             70,184 (0.28;           557  Common year
 (Delphinus delphis).            Atlantic.                          55,690; 2011).               round.
Striped dolphin (Stenella       W. North          -; N             54,807 (0.3;            428  rare.
 coeruleoalba).                  Atlantic.                          42,804; n/a).

[[Page 22254]]

 
Spinner Dolphin (Stenella       W. North          -; N             Unknown (unk;         Undet  rare.
 longirostris).                  Atlantic.                          unk; n/a).
White-beaked dolphin            W. North          -; N             2,003 (0.94;             10  rare
 (Lagenorhynchus albirostris).   Atlantic.                          1,023; n/a).
Harbor porpoise (Phocoena       Gulf of Maine/    -; N             79,833 (0.32;          706.  Common year
 phocoena).                      Bay of Fundy.                      61,415; 2011).               round
Killer whale (Orcinus orca)...  W. North          -; N             Unknown (unk;         Undet  rare.
                                 Atlantic.                          unk; n/a).
False killer whale (Pseudorca   W. North          -; Y             442 (1.06; 212;         2.1  rare.
 crassidens).                    Atlantic.                          n/a).
Long-Finned pilot whale         W. North          -; Y             5,636 (0.63;             35  rare.
 (Globicephala melas).           Atlantic.                          3,464; n/a).
Short-finned pilot whale        W. North          -; Y             21,515 (0.37;           159  rare.
 (Globicephala macrorhynchus).   Atlantic.                          15,913; n/a).
Sperm whale (Physeter           North Atlantic..  E; Y             2,288 (0.28;            3.6  Year round in
 macrocephalus).                                                    1,815; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Pygmy sperm whale (Kogia        W. North          -; N             3,785 \b\ (0.47;         26  rare.
 breviceps).                     Atlantic.                          2,598; n/a).
Dwarf sperm whale (Kogia sima)  W. North          -; N             3,785 \b\ (0.47;         26  rare.
                                 Atlantic.                          2,598; n/a).
Cuvier's beaked whale (Ziphius  W. North          -; N             6,532 (0.32;             50  rare.
 cavirostris).                   Atlantic.                          5,021; n/a).
Blainville's beaked whale       W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon densirostris).      Atlantic.                          4,632; n/a).
Gervais' beaked whale           W. North          -; N             7,092 \c\ 0.54;          46  rare.
 (Mesoplodon europaeus).         Atlantic.                          4,632; n/a).
True's beaked whale             W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon mirus).             Atlantic.                          4,632; n/a).
Sowerby's Beaked Whale          W. North          -; N             7,092 \c\ (0.54;         46  rare.
 (Mesoplodon bidens).            Atlantic.                          4,632; n/a).
Melon-headed whale              W. North          -; N             Unknown (unk;         Undet  rare.
 (Peponocephala electra).        Atlantic.                          unk; n/a).
----------------------------------------------------------------------------------------------------------------
                                            Baleen whales (Mysticeti)
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera       Canadian East     -; N             2,591 (0.81;            162  Year round in
 acutorostrata).                 Coast.                             1,425; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Blue whale (Balaenoptera        W. North          E; Y             Unknown (unk;           0.9  Year round in
 musculus).                      Atlantic.                          440; n/a).                   continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Fin whale (Balaenoptera         W. North          E; Y             1,618 (0.33;            2.5  Year round in
 physalus).                      Atlantic.                          1,234; n/a).                 continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Humpback whale (Megaptera       Gulf of Maine...  -; N             823 (0; 823; n/         2.7  Common year
 novaeangliae).                                                     a).                          round.
North Atlantic right whale      W. North          E; Y             440 (0; 440; n/           1  Year round in
 (Eubalaena glacialis).          Atlantic.                          a).                          continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
Sei whale (Balaenoptera         Nova Scotia.....  E; Y             357 (0.52; 236;         0.5  Year round in
 borealis).                                                         n/a).                        continental
                                                                                                 shelf and slope
                                                                                                 waters, occur
                                                                                                 seasonally to
                                                                                                 forage.
----------------------------------------------------------------------------------------------------------------
                                            Earless seals (Phocidae)
----------------------------------------------------------------------------------------------------------------
Gray seals (Halichoerus         North Atlantic..  -; N             505,000 (unk;         Undet  Unlikely.
 grypus).                                                           unk; n/a).

[[Page 22255]]

 
Harbor seals (Phoca vitulina).  W. North          -; N             75,834 (0.15;         2,006  Common year
                                 Atlantic.                          66,884; 2012).               round.
Hooded seals (Cystophora        W. North          -; N             Unknown (unk;         Undet  rare.
 cristata).                      Atlantic.                          unk; n/a).
Harp seal (Phoca groenlandica)  North Atlantic..  -; N             Unknown (unk;         Undet  rare.
                                                                    unk; n/a).
----------------------------------------------------------------------------------------------------------------
\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 (see footnote 3) 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\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
  applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated
  CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be
  more recent surveys that have not yet been incorporated into the estimate. All values presented here are from
  the 2016 draft Atlantic SARs.
\3\ Potential biological removal, 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 size (OSP).

North Atlantic Right Whales

    The western North Atlantic stock of this species ranges from the 
calving grounds in the southeastern United States to feeding grounds in 
New England waters and into Canadian waters (Waring et al., 2015). 
Surveys have demonstrated the existence of seven areas where western 
North Atlantic right whales congregate seasonally, including north of 
the action area off Georges Bank, Cape Cod, and Massachusetts Bay 
(Waring et al., 2015). In the late fall months (e.g. October), right 
whales generally disappear from the feeding grounds in the North 
Atlantic and move south to their breeding grounds. Average group size 
for this stock was between 2.9 and 5.5 animals, with a maximum group 
size estimate during the project dates of 3.8 individuals (Parks et 
al., 2007c).
    The current abundance estimate for this stock is 440 individuals 
with PBR at 1 individual (Waring et al., 2016). This stock is listed as 
endangered under the ESA and is therefore considered strategic and 
depleted under the MMPA. Critical habitat for this stock is a 
designated habitat that includes portions of Cape Cod Bay and 
Stellwagen Bank, the Great South Channel (each off the coast of 
Massachusetts), and waters adjacent to the coasts of Georgia and the 
east coast of Florida. These areas were determined to provide critical 
feeding, nursery, and calving habitat for the North Atlantic population 
of northern right whales. This critical habitat was revised in 2006 to 
include two foraging areas in the North Pacific Ocean--one in the 
Bering Sea and one in the Gulf of Alaska (71 FR 38277, July 6, 2006).

Humpback Whales

    Humpback whales are found worldwide in all oceans. In the western 
North Atlantic, humpback whales feed during spring, summer, and fall 
over a geographic range encompassing the eastern coast of the United 
States (including the Gulf of Maine), and farther north into Canadian 
waters. In the winter, they migrate to lower latitudes to breed. 
However, acoustic recordings made in Stellwagen Bank National Marine 
Sanctuary in 2006 and 2008 detected humpback song in almost all months, 
including throughout the winter, which confirms the presence of male 
humpback whales in the area (a mid-latitude feeding ground) through the 
winter in these years (Waring et al., 2015). Their distribution in New 
England waters has been largely correlated to abundance of prey 
species.
    The current abundance estimate for this stock is 823 animals with 
PBR at 1.3 (Waring et al., 2016). Commercial exploitation caused the 
population to decrease in the 20th century. This stock is characterized 
by a positive trend in size (Waring et al., 2015). Although recent 
estimates of abundance indicate a stable or growing humpback whale 
population, the stock may be below optimum substainable population 
(OSP) in the U.S. Atlantic EEZ. The main threat to this stock is 
interactions with fisheries and vessel collisions. This stock is not 
listed under the ESA but is considered strategic under the MMPA.

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). This area (east of 
Montauk Point) represents a major feeding ground for fin whales from 
March through October. Fin whales are found in small groups of up to 5 
individuals (Brueggeman et al., 1987).
    The current abundance estimate for the western North Atlantic stock 
of fin whales is 1,618 with PBR at 2.5 animals (Waring et al., 2016). 
This stock is listed as endangered under the ESA resulting in strategic 
and depleted status under the MMPA. The main threats to this stock are 
fishery interactions and vessel collisions (Waring et al., 2016).

Sei Whale

    The Nova Scotia stock of sei whales can be found in deeper waters 
of the continental shelf edge waters of the northeastern U.S. and 
northeastward to south of Newfoundland. The southern portion of the 
species' range during spring and summer includes the Gulf of Maine and 
Georges Bank. Spring is the period of greatest abundance in U.S. 
waters, with sightings concentrated along the eastern margin of Georges 
Bank and into the Northeast Channel area, and along the southwestern 
edge of Georges Bank in the area of Hydrographer Canyon (Waring et al., 
2015). Sei whales occur in shallower waters to feed.
    The current abundance estimate for this stock is 357 animals with 
PBR at 0.5 (Waring et al., 2016). This stock is listed as engendered 
under the ESA and is considered strategic and depleted under the MMPA. 
The main threats to this

[[Page 22256]]

stock are interactions with fisheries and vessel collisions.

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 which spring to fall 
are times of relatively widespread and common occurrence, and when the 
whales are most abundant in New England waters, while during winter the 
species appears to be largely absent (Waring et al., 2016).
    The current abundance estimate for this stock is 2,591 animals with 
PBR at 162 (Waring et al., 2016). The main threats to this stock are 
interactions with fisheries, strandings, and vessel collisions. This 
stock is not listed under the ESA and is not considered strategic under 
the MMPA.

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.
    The current abundance estimate for this stock is 2,288 with PBR at 
3.6 animals (Waring et al., 2016). This stock is listed as endangered 
under the ESA and is considered depleted and a strategic stock under 
the MMPA. The main threat to this species is interactions with 
fisheries.

False Killer Whale

    False killer whales can be found in warm temperate and tropical 
waters, and have been sighted in U.S. Atlantic waters from southern 
Florida to Maine (Waring et al., 2015). This species tends to be in 
offshore waters but at times inhabit waters closer to shore.
    The current abundance estimate for this stock is 442 animals with 
PBR at 2.1 (Waring et al., 2016). This species is not listed under the 
ESA but is considered a strategic stock under the MMPA. The main threat 
to this species include interactions with fisheries.

Cuvier's Beaked Whale

    Cuvier's beaked whale distribution is poorly known. Sightings of 
this species have occurred principally along the continental shelf edge 
in the Mid-Atlantic region off the northeast U.S. coast, and most 
sightings were in late spring or summer.
    The current abundance estimate for this stock is 6,532 animals with 
PBR at 50 (Waring et al., 2016). This species is not listed under the 
ESA and is not considered strategic or depleted under the MMPA. The 
main threat to this species is interactions with fisheries and 
stranding associated with Naval activities (Waring et al., 2014).

Long-Finned Pilot Whale

    Long-finned pilot whales can be found from North Carolina and north 
to Iceland, Greenland and the Barents Sea (Waring et al., 2016). In 
U.S. Atlantic waters this 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 and more northern waters and remain in these 
areas through late autumn (Waring et al., 2016).
    The current abundance estimate for this stock is 5,636 animals with 
PBR at 35 (Waring et al., 2016). This species is not listed under the 
ESA but is considered strategic under the MMPA. 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 (Waring et al., 2016).

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 100-m 
depth contour from central West Greenland to North Carolina (Waring et 
al., 2016). There are three stock units: Gulf of Maine, Gulf of St. 
Lawrence and Labrador Sea stocks (Palka et al., 1997). The Gulf of 
Maine population of white-sided dolphins is most common in continental 
shelf waters from Hudson Canyon (approximately 39[deg] N.) 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.
    The current abundance estimate for this stock is 48,819 animals 
with PBR at 304 (Waring et al., 2016). This stock is not listed under 
the ESA and is not considered strategic or depleted under the MMPA. The 
main threat to this species is interactions with fisheries.

White-Beaked Dolphin

    The white-beaked dolphin is found in waters from southern New 
England to southern Greenland and Davis Straits but are concentrated in 
the western Gulf of Maine and around Cape Cod (Waring et al., 2007). 
They prefer waters primarily offshore on the continental shelf, 
possibly due to the prey species located there.
    The current abundance estimate for this stock is 1,023 animals with 
PBR at 10 (Waring et al., 2016). This species is not listed under the 
ESA and is not considered depleted or strategic under the MMPA. The 
main threat to this stock is interaction with fisheries.

Short-Beaked Common Dolphin

    The short-beaked common dolphin is found world-wide in temperate to 
subtropical seas. In the North Atlantic, short-beaked common dolphins 
are commonly found over the continental shelf between the 100-m and 
2000-m isobaths and over prominent underwater topography and east to 
the mid-Atlantic Ridge (Waring et al., 2016). Only the western North 
Atlantic stock may be present in the Lease Area.
    The current abundance estimate for this stock is 70,184 with PBR at 
557 (Waring et al., 2016). The main threat to

[[Page 22257]]

this species is interactions with fisheries. This species is not listed 
under the ESA and is not considered strategic or depleted under the 
MMPA.

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).
    The current abundance estimate for this stock is 44,715 animals 
with PBR at 316 (Waring et al., 2016). This species is not listed under 
the ESA and is not considered depleted or strategic under the MMPA. The 
main threat to this species is interactions with fisheries.

Striped Dolphin

    The striped dolphin is found in warm-temperate to tropical seas 
around the world. In the western North Atlantic, they are found from 
Nova Scotia to at least Jamaica and in the Gulf of Mexico with 
preference over continental slope waters (Waring et al., 2014). In the 
Northeast, they are distributed along the continental shelf edge from 
Cape Hatteras to the southern margin of Georges Bank, and also occur 
offshore over the continental slope and rise in the mid-Atlantic region 
(Waring et al., 2014). They were most often observed in waters between 
20 and 27 degrees Celsius and deeper than 900 m (Waring et al., 2014).
    The current abundance estimate for this stock is 54,807 animals 
with PBR at 428 (Waring et al., 2016). This stock is not listed under 
the ESA and is not considered a strategic or depleted stock under the 
MMPA. The main threat to this species is interactions with fisheries.

Common Bottlenose Dolphin

    There are two distinct bottlenose dolphin morphotypes: The coastal 
and offshore forms in the western North Atlantic (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 and is the only type that may be 
present in the Lease Area.
    The current abundance estimate for the Western north Atlantic stock 
is 77,532 with PBR at 561 (Waring et al., 2016). The main threat to 
this species is interactions with fisheries. This species is not listed 
under the ESA and is not considered strategic or depleted under the 
MMPA.

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 
are 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 (>1800 m; 
Westgate et al. 1998), although the majority of the population is found 
over the continental shelf (Waring et al., 2016). Average group size 
for this stock in the Bay of Fundy is approximately 4 individuals 
(Palka 2007).
    The current abundance estimate for this stock is 79,883, with PBR 
at 706 (Waring et al., 2016). The main threat to this 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). This species is not listed under the ESA and is not considered 
strategic or depleted under the MMPA.

Harbor Seal

    The harbor seal is found in all nearshore waters of the North 
Atlantic and North Pacific Oceans and adjoining seas above about 
30[deg] N. (Burns 2009). In the western North Atlantic, they 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). Haulout 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).
    The current abundance estimate for this stock is 75,834, with PBR 
at 2,006 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries. This species is not listed under the ESA 
and is not considered strategic or depleted under the MMPA.

Gray Seal

    There are three major populations of gray seals found in the world; 
eastern Canada (western North Atlantic stock), northwestern Europe and 
the Baltic Sea. The gray seals that occur in the Project Area belong to 
the western North Atlantic Stock, which ranges from New Jersey to 
Labrador. Current estimates of the total western North Atlantic gray 
seal population are not available, although portions of stock have been 
calculated for select time periods. Models estimate that the total 
minimum Canadian gray seal population is at 505,000 individuals (Waring 
et al., 2016). Present data are insufficient to calculate the minimum 
population estimate for U.S. waters; however, based on genetic analyses 
from the Canadian and U.S. populations, all individuals were placed 
into one population providing further evidence that this stock is one 
interbreeding population (Wood et al., 2011). 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). Gray seals are not 
listed under the ESA, and the stock is not considered strategic or 
depleted under the MMPA.
    Gray seals start to group up in the fall and pupping generally 
occurs from mid-December to early February (USFWS 2015). Monomoy NWR is 
the largest haul-out site for gray seals on the U.S. Atlantic seaboard 
(USFWS 2015). Gray seals are known to use Monomoy NWR and Nantucket NWR 
land and water year round, with higher numbers accumulating during the 
winter and spring when pupping and molting occur. Gray seal pupping on 
Monomoy NWR was limited in the past but has been increasing rapidly in 
recent years. By early spring, upwards of 19,000 gray seals can be 
found hauled out on Monomoy NWR (B. Josephson, NOAA, personal 
communication). While many of these seals use Monomoy NWR for breeding, 
others make their way to the refuge to molt. By late spring, gray seal 
abundance continues to taper until the fall.

Potential Effects of the Specified Activity 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. The ``Estimated Take'' section later in this document 
will include a quantitative analysis of the number of individuals that 
are expected to be taken by this activity. The Negligible Impact 
Analyses and Determination section will consider the content of this 
section, the Estimated Take by Incidental Harassment section, and the 
Proposed

[[Page 22258]]

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 Sound

    Sound is a physical phenomenon consisting of minute vibrations that 
travel through a medium, such as air or water, and is generally 
characterized by several variables. Frequency describes the sound's 
pitch and is measured in hertz (Hz) or kilohertz (kHz), while sound 
level describes the sound's intensity and is measured in decibels (dB). 
Sound level increases or decreases exponentially with each dB of 
change. The logarithmic nature of the scale means that each 10-dB 
increase is a 10-fold increase in acoustic power (and a 20-dB increase 
is then a 100-fold increase in power). A 10-fold increase in acoustic 
power does not mean that the sound is perceived as being 10 times 
louder, however. Sound levels are compared to a reference sound 
pressure (micro-Pascal) to identify the medium. For air and water, 
these reference pressures are ``re: 20 [micro]Pa'' and ``re: 1 
[micro]Pa,'' respectively. Root mean square (RMS) is the quadratic mean 
sound pressure over the duration of an impulse. RMS is calculated by 
squaring all of the sound amplitudes, averaging the squares, and then 
taking the square root of the average (Urick 1975). RMS 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. 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 rather than by peak pressures.

Acoustic Impacts

    HRG survey equipment use and use of the vibracore and DP thruster 
during the geophysical and geotechnical surveys may temporarily impact 
marine mammals in the area due to elevated in-water sound levels. 
Marine mammals are continually exposed to many sources of sound. 
Naturally occurring sounds such as lightning, rain, sub-sea 
earthquakes, and biological sounds (e.g., snapping shrimp, whale songs) 
are widespread throughout the world's oceans. Marine mammals produce 
sounds in various contexts and use sound for various biological 
functions including, but not limited to: (1) Social interactions; (2) 
foraging; (3) orientation; and (4) predator detection. Interference 
with producing or receiving these sounds may result in adverse impacts. 
Audible distance, or received levels of sound depend on the nature of 
the sound source, ambient noise conditions, and the sensitivity of the 
receptor to the sound (Richardson et al., 1995). Type and significance 
of marine mammal reactions to sound are likely dependent on a variety 
of factors including, but not limited to, (1) the behavioral state of 
the animal (e.g., feeding, traveling, etc.); (2) frequency of the 
sound; (3) distance between the animal and the source; and (4) the 
level of the sound relative to ambient conditions (Southall et al., 
2007).
    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Current 
data indicate that not all marine mammal species have equal hearing 
capabilities (Richardson et al., 1995; Southall et al., 1997; Wartzok 
and Ketten, 1999; Au and Hastings, 2008).
    Animals are less sensitive to sounds at the outer edges of their 
functional hearing range and are more sensitive to a range of 
frequencies within the middle of their functional hearing range. For 
mid-frequency cetaceans, functional hearing estimates occur between 
approximately 150 Hz and 160 kHz with best hearing estimated to occur 
between approximately 10 to less than 100 kHz (Finneran et al., 2005 
and 2009, Natchtigall et al., 2005 and 2008; Yuen et al., 2005; Popov 
et al., 2010 and 2011; and Schlundt et al., 2011).
    On August 4, 2016, NMFS released its Technical Guidance for 
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing 
(NMFS, 2016; 81 FR 51694). This new guidance established new thresholds 
for predicting onset of temporary (TTS) and permanent (PTS) threshold 
shifts for impulsive (e.g., explosives and impact pile drivers) and 
non-impulsive (e.g., vibratory pile drivers) sound sources. These 
acoustic thresholds are presented using dual metrics of cumulative 
sound exposure level (SELcum) and peak sound level (PK) for impulsive 
sounds and SELcum for non-impulsive sounds. The lower and/or upper 
frequencies for some of these functional hearing groups have been 
modified from those designated by Southall et al. (2007), and the 
revised generalized hearing ranges are presented in the new Guidance. 
The functional hearing groups and the associated frequencies are 
indicated in Table 3 below.

   Table 3--Marine Mammal Hearing Groups and Their Generalized Hearing
                                  Range
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
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 and 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).
------------------------------------------------------------------------
* 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).

    When sound travels (propagates) from its source, its loudness 
decreases as the distance traveled by the sound increases. Thus, the 
loudness of a sound at its source is higher than the loudness of that 
same sound a kilometer (km) away. Acousticians often refer to the 
loudness of a sound at its source (typically referenced to one meter 
from the source) as the source level and the loudness of sound 
elsewhere as the received level (i.e., typically the receiver). For 
example, a humpback whale 3 km from a device that has a source level of 
230 dB may only be exposed to sound that is 160 dB loud, depending on 
how the sound travels through water (e.g., spherical spreading (6 dB 
reduction with doubling of distance) was used in this example). As a 
result, it is important to understand

[[Page 22259]]

the difference between source levels and received levels when 
discussing the loudness of sound in the ocean or its impacts on the 
marine environment.
    As sound travels from a source, its propagation in water is 
influenced by various physical characteristics, including water 
temperature, depth, salinity, and surface and bottom properties that 
cause refraction, reflection, absorption, and scattering of sound 
waves. Oceans are not homogeneous and the contribution of each of these 
individual factors is extremely complex and interrelated. The physical 
characteristics that determine the sound's speed through the water will 
change with depth, season, geographic location, and with time of day 
(as a result, in actual active sonar operations, crews will measure 
oceanic conditions, such as sea water temperature and depth, to 
calibrate models that determine the path the sonar signal will take as 
it travels through the ocean and how strong the sound signal will be at 
a given range along a particular transmission path). As sound travels 
through the ocean, the intensity associated with the wavefront 
diminishes, or attenuates. This decrease in intensity is referred to as 
propagation loss, also commonly called transmission loss.
    As mentioned previously in this document, nine marine mammal 
species (seven cetaceans and two pinnipeds) are likely to occur in the 
Project Area. Of the seven cetacean species likely to occur in the 
Lease Area, four are classified as low-frequency cetaceans (i.e., minke 
whale, fin whale, humpback whale, and North Atlantic right whale), two 
are classified as mid-frequency cetaceans (i.e., Atlantic white-sided 
dolphin and short-beaked common dolphin), and one is classified as a 
high-frequency cetacean (i.e., harbor porpoise) (Southall et al., 
2007). A species' functional hearing group is a consideration when we 
analyze the effects of exposure to sound on marine mammals.

Hearing Impairment

    Marine mammals may experience temporary or permanent hearing 
impairment when exposed to loud sounds. Hearing impairment is 
classified by TTS and PTS. There are no empirical data for onset of PTS 
in any marine mammal; therefore, PTS-onset must be estimated from TTS-
onset measurements and from the rate of TTS growth with increasing 
exposure levels above the level eliciting TTS-onset. PTS is presumed to 
be likely if the hearing threshold is reduced by >=40 dB (that is, 40 
dB of TTS). PTS is considered auditory injury (Southall et al., 2007) 
and occurs in a specific frequency range and amount. Irreparable damage 
to the inner or outer cochlear hair cells may cause PTS; however, other 
mechanisms are also involved, such as exceeding the elastic limits of 
certain tissues and membranes in the middle and inner ears and 
resultant changes in the chemical composition of the inner ear fluids 
(Southall et al., 2007). Given the higher level of sound and longer 
durations of exposure necessary to cause PTS as compared with TTS, it 
is considerably less likely that PTS would occur during the proposed 
HRG and geotechnical survey.

Temporary Threshold Shift (TTS)

    TTS is the mildest form of hearing impairment that can occur during 
exposure to a loud sound (Kryter 1985). While experiencing TTS, the 
hearing threshold rises, and a sound must be stronger in order to be 
heard. At least in terrestrial mammals, TTS can last from minutes or 
hours to (in cases of strong TTS) days, can be limited to a particular 
frequency range, and can occur to varying degrees (i.e., a loss of a 
certain number of dBs of sensitivity). For sound exposures at or 
somewhat above the TTS threshold, hearing sensitivity in both 
terrestrial and marine mammals recovers rapidly after exposure to the 
noise ends.
    Marine mammal hearing plays a critical role in communication with 
conspecifics and in interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to 
serious. For example, a marine mammal may be able to readily compensate 
for a brief, relatively small amount of TTS in a non-critical frequency 
range that takes place during a time when the animals is traveling 
through the open ocean, where ambient noise is lower and there are not 
as many competing sounds present. Alternatively, a larger amount and 
longer duration of TTS sustained during a time when communication is 
critical for successful mother/calf interactions could have more 
serious impacts if it were in the same frequency band as the necessary 
vocalizations and of a severity that it impeded communication. The fact 
that animals exposed to levels and durations of sound that would be 
expected to result in this physiological response would also be 
expected to have behavioral responses of a comparatively more severe or 
sustained nature is also notable and potentially of more importance 
than the simple existence of a TTS.
    Currently, TTS data only exist for four species of cetaceans 
(bottlenose dolphin, beluga whale (Delphinapterus leucas), harbor 
porpoise, and Yangtze finless porpoise (Neophocaena phocaenoides)) and 
three species of pinnipeds (northern elephant seal (Mirounga 
angustirostris), harbor seal, and California sea lion (Zalophus 
californianus)) exposed to a limited number of sound sources (i.e., 
mostly tones and octave-band noise) in laboratory settings (e.g., 
Finneran et al., 2002 and 2010; Nachtigall et al., 2004; Kastak et al., 
2005; Lucke et al., 2009; Mooney et al., 2009; Popov et al., 2011; 
Finneran and Schlundt, 2010). In general, harbor seals (Kastak et al., 
2005; Kastelein et al., 2012a) and harbor porpoises (Lucke et al., 
2009; Kastelein et al., 2012b) have a lower TTS onset than other 
measured pinniped or cetacean species. However, even for these animals, 
which are better able to hear higher frequencies and may be more 
sensitive to higher frequencies, exposures on the order of 
approximately 170 dB rms or higher for brief transient signals are 
likely required for even temporary (recoverable) changes in hearing 
sensitivity that would likely not be categorized as physiologically 
damaging (Lucke et al., 2009). Additionally, the existing marine mammal 
TTS data come from a limited number of individuals within these 
species. There are no data available on noise-induced hearing loss for 
mysticetes. For summaries of data on TTS in marine mammals or for 
further discussion of TTS onset thresholds, please see Finneran (2016).
    Scientific literature highlights the inherent complexity of 
predicting TTS onset in marine mammals, as well as the importance of 
considering exposure duration when assessing potential impacts (Mooney 
et al., 2009a, 2009b; Kastak et al., 2007). Generally, with sound 
exposures of equal energy, quieter sounds (lower SPL) of longer 
duration were found to induce TTS onset more than louder sounds (higher 
SPL) of shorter duration (more similar to sub-bottom profilers). For 
intermittent sounds, less threshold shift will occur than from a 
continuous exposure with the same energy (some recovery will occur 
between intermittent exposures) (Kryter et al., 1966; Ward 1997). For 
sound exposures at or somewhat above the TTS-onset threshold, hearing 
sensitivity recovers rapidly after exposure to the sound ends; 
intermittent exposures recover faster in comparison

[[Page 22260]]

with continuous exposures of the same duration (Finneran et al., 2010). 
NMFS considers TTS as Level B harassment that is mediated by 
physiological effects on the auditory system; however, NMFS does not 
consider TTS-onset to be the lowest level at which Level B harassment 
may occur.
    Animals in the Project Area during the HRG survey are unlikely to 
incur TTS hearing impairment due to the characteristics of the sound 
sources, which include low source levels (208 to 221 dB re 1 [micro]Pa-
m) and generally very short pulses and duration of the sound. Even for 
high-frequency cetacean species (e.g., harbor porpoises), which may 
have increased sensitivity to TTS (Lucke et al., 2009; Kastelein et 
al., 2012b), 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) (Mooney et al., 2009a; Finneran et al., 2010). 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 
temporary threshold shift 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 the sub-bottom 
profiler and other HRG survey equipment makes it unlikely that an 
animal would be exposed more than briefly during the passage of the 
vessel. Boebel et al. (2005) concluded similarly for single and 
multibeam echosounders; and, more recently, Lurton (2016) conducted a 
modeling exercise and concluded similarly that likely potential for 
acoustic injury from these types of systems is negligible but that 
behavioral response cannot be ruled out. Animals may avoid the area 
around the survey vessels, thereby reducing exposure. Any disturbance 
to marine mammals is likely to be in the form of temporary avoidance or 
alteration of opportunistic foraging behavior near the survey location.
    It is possible that animals in the Project Area may experience TTS 
during the use of DP vessel thrusters during the geotechnical survey 
due to the duration and nature of the noise (continuous, up to 75 
days). However, the fact that the DP drill ship is stationary during 
the geotechnical survey activities makes it less likely that animals 
would remain in the area long enough to incur TTS. As is the case for 
the HRG survey activities, animals may avoid the area around the survey 
vessel, thereby reducing exposure. Any disturbance to marine mammals is 
more likely to be in the form of temporary avoidance or alteration of 
opportunistic foraging behavior near the survey location.

Masking

    Masking is the obscuring of sounds of interest to an animal by 
other sounds, typically at similar frequencies. Marine mammals are 
highly dependent on sound, and their ability to recognize sound signals 
amid other sound is important in communication and detection of both 
predators and prey (Tyack 2000). Background ambient sound may interfere 
with or mask the ability of an animal to detect a sound signal even 
when that signal is above its absolute hearing threshold. Even in the 
absence of anthropogenic sound, the marine environment is often loud. 
Natural ambient sound includes contributions from wind, waves, 
precipitation, other animals, and (at frequencies above 30 kHz) thermal 
sound resulting from molecular agitation (Richardson et al., 1995).
    Background sound may also include anthropogenic sound, and masking 
of natural sounds can result when human activities produce high levels 
of background sound. Conversely, if the background level of underwater 
sound is high (e.g., on a day with strong wind and high waves), an 
anthropogenic sound source would not be detectable as far away as would 
be possible under quieter conditions and would itself be masked. 
Ambient sound is highly variable on continental shelves (Thompson, 
1965; Myrberg, 1978; Chapman et al., 1998; Desharnais et al., 1999). 
This results in a high degree of variability in the range at which 
marine mammals can detect anthropogenic sounds.
    Although masking is a phenomenon which may occur naturally, the 
introduction of loud anthropogenic sounds into the marine environment 
at frequencies important to marine mammals increases the severity and 
frequency of occurrence of masking. For example, if a baleen whale is 
exposed to continuous low-frequency sound from an industrial source, 
this would reduce the size of the area around that whale within which 
it can hear the calls of another whale. The components of background 
noise that are similar in frequency to the signal in question primarily 
determine the degree of masking of that signal. In general, little is 
known about the degree to which marine mammals rely upon detection of 
sounds from conspecifics, predators, prey, or other natural sources. In 
the absence of specific information about the importance of detecting 
these natural sounds, it is not possible to predict the impact of 
masking on marine mammals (Richardson et al., 1995). In general, 
masking effects are expected to be less severe when sounds are 
transient than when they are continuous. Masking is typically of 
greater concern for those marine mammals that utilize low-frequency 
communications, such as baleen whales, because of how far low-frequency 
sounds propagate.
    Marine mammal communications would not likely be masked appreciably 
by the sub-profiler signals given the directionality of the signal and 
the brief period when an individual mammal is likely to be within its 
beam. And while continuous sound from the DP thruster when in use is 
predicted to extend 500 m to the 120 dB threshold, the generally short 
duration of DP thruster use and low source levels, coupled with the 
likelihood of animals to avoid the sound source, would result in very 
little opportunity for this activity to mask the communication of local 
marine mammals for more than a brief period of time.

Non-Auditory Physical Effects (Stress)

    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; Sapolsky et al., 2005; 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 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

[[Page 22261]]

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 or the hypothalamus-pituitary-interrenal axis in fish 
and some reptiles). 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), altered 
metabolism (Elasser et al., 2000), 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 equated with stress 
for many years.
    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. During a stress response, an animal uses glycogen 
stores that can be quickly replenished once the stress is alleviated. 
In such circumstances, the cost of the stress response would not pose a 
risk to the animal's welfare. However, when an animal does not have 
sufficient energy reserves to satisfy the energetic costs of a stress 
response, energy resources must be diverted from other biotic function, 
which impairs those functions that experience the diversion. For 
example, when mounting a stress response diverts energy away from 
growth in young animals, those animals may experience stunted growth. 
When mounting a stress response diverts energy from a fetus, an 
animal's reproductive success and its fitness will suffer. In these 
cases, the animals will have entered a pre-pathological or pathological 
state which is called ``distress'' (Seyle 1950) or ``allostatic 
loading'' (McEwen and Wingfield, 2003). This pathological state will 
last until the animal replenishes its biotic reserves sufficient to 
restore normal function. Note that these examples involved a long-term 
(days or weeks) stress response exposure to stimuli.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses have also been documented 
fairly well through controlled experiments; because this physiology 
exists in every vertebrate that has been studied, it is not surprising 
that stress responses and their costs have been documented in both 
laboratory and free-living animals (for examples see, Holberton et al., 
1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004; 
Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer 
2000). Information has also been collected on the physiological 
responses of marine mammals to exposure to anthropogenic sounds (Fair 
and Becker 2000; Romano et al., 2002; Wright et al., 2008). For 
example, Rolland et al. (2012) found that noise reduction from reduced 
ship traffic in the Bay of Fundy was associated with decreased stress 
in North Atlantic right whales. In a conceptual model developed by the 
Population Consequences of Acoustic Disturbance (PCAD) working group, 
serum hormones were identified as possible indicators of behavioral 
effects that are translated into altered rates of reproduction and 
mortality.
    Studies of other marine animals and terrestrial animals would also 
lead us to expect some marine mammals to experience physiological 
stress responses and, perhaps, physiological responses that would be 
classified as ``distress'' upon exposure to high frequency, mid-
frequency and low-frequency sounds. For example, Jansen (1998) reported 
on the relationship between acoustic exposures and physiological 
responses that are indicative of stress responses in humans (for 
example, elevated respiration and increased heart rates). Jones (1998) 
reported on reductions in human performance when faced with acute, 
repetitive exposures to acoustic disturbance. Trimper et al. (1998) 
reported on the physiological stress responses of osprey to low-level 
aircraft noise while Krausman et al. (2004) reported on the auditory 
and physiology stress responses of endangered Sonoran pronghorn to 
military overflights. Smith et al. (2004a, 2004b), for example, 
identified noise-induced physiological transient stress responses in 
hearing-specialist fish (i.e., goldfish) that accompanied short- and 
long-term hearing losses. Welch and Welch (1970) reported physiological 
and behavioral stress responses that accompanied damage to the inner 
ears of fish and several mammals.
    Hearing is one of the primary senses marine mammals use to gather 
information about their environment and to communicate with 
conspecifics. Although empirical information on the relationship 
between sensory impairment (TTS, PTS, and acoustic masking) on marine 
mammals remains limited, it seems reasonable to assume that reducing an 
animal's ability to gather information about its environment and to 
communicate with other members of its species would be stressful for 
animals that use hearing as their primary sensory mechanism. Therefore, 
we assume that acoustic exposures sufficient to trigger onset PTS or 
TTS would be accompanied by physiological stress responses because 
terrestrial animals exhibit those responses under similar conditions 
(NRC 2003). More importantly, marine mammals might experience stress 
responses at received levels lower than those necessary to trigger 
onset TTS. Based on empirical studies of the time required to recover 
from stress responses (Moberg 2000), we also assume that stress 
responses are likely to persist beyond the time interval required for 
animals to recover from TTS and might result in pathological and pre-
pathological states that would be as significant as behavioral 
responses to TTS.
    In general, there are few data on the potential for strong, 
anthropogenic underwater sounds to cause non-auditory physical effects 
in marine mammals. Such effects, if they occur at all, would presumably 
be limited to short distances and to activities that extend over a 
prolonged period. 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 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 activities would create conditions of 
long-term, continuous noise and chronic acoustic exposure leading to 
long-term physiological stress responses in marine mammals.

[[Page 22262]]

Behavioral Disturbance

    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 (e.g., Richardson et al., 1995; 
Wartzok et al., 2003; Southall et al., 2007; Weilgart 2007; Archer et 
al., 2010). Behavioral reactions can vary not only among individuals 
but also within an individual, depending on previous experience with a 
sound source, context, and numerous other factors (Ellison et al., 
2012), and can vary depending on characteristics associated with the 
sound source (e.g., whether it is moving or stationary, number of 
sources, distance from the source). Please see Appendices B-C of 
Southall et al. (2007) for a review of studies involving marine mammal 
behavioral responses to sound.
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. It is important to note that 
habituation is appropriately considered as a ``progressive reduction in 
response to stimuli that are perceived as neither aversive nor 
beneficial,'' rather than as, more generally, moderation in response to 
human disturbance (Bejder et al., 2009). The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. As noted, behavioral state may affect the type of response. 
For example, animals that are resting may show greater behavioral 
change in response to disturbing sound levels than animals that are 
highly motivated to remain in an area for feeding (Richardson et al., 
1995; NRC 2003; Wartzok et al., 2003). Controlled experiments with 
captive marine mammals have shown pronounced behavioral reactions, 
including avoidance of loud sound sources (Ridgway et al., 1997; 
Finneran et al., 2003). Observed responses of wild marine mammals to 
loud pulsed sound sources (typically seismic airguns or acoustic 
harassment devices) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
    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. If a marine mammal does react briefly to an underwater 
sound by changing its behavior or moving a small distance, the impacts 
of the change are unlikely to be significant to the individual, let 
alone the stock or population. However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder 2007; Weilgart 2007; NRC 2005). 
However, there are broad categories of potential response, which we 
describe in greater detail here, that include alteration of dive 
behavior, alteration of foraging behavior, effects to breathing, 
interference with or alteration of vocalization, avoidance, and flight.
    Changes in dive behavior can vary widely and may consist of 
increased or decreased dive times and surface intervals as well as 
changes in the rates of ascent and descent during a dive (e.g., Frankel 
and Clark, 2000; Costa et al., 2003; Ng and Leung, 2003; Nowacek et 
al.; 2004; Goldbogen et al., 2013a,b). Variations in dive behavior may 
reflect interruptions in biologically significant activities (e.g., 
foraging) or they may be of little biological significance. The impact 
of an alteration to dive behavior resulting from an acoustic exposure 
depends on what the animal is doing at the time of the exposure and the 
type and magnitude of the response.
    Disruption of feeding behavior can be difficult to correlate with 
anthropogenic sound exposure, so it is usually inferred by observed 
displacement from known foraging areas, the appearance of secondary 
indicators (e.g., bubble nets or sediment plumes), or changes in dive 
behavior. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al., 
2007). A determination of whether foraging disruptions incur fitness 
consequences would require information on or estimates of the energetic 
requirements of the affected individuals and the relationship between 
prey availability, foraging effort and success, and the life history 
stage of the animal.
    Variations in respiration naturally vary with different behaviors 
and alterations to breathing rate as a function of acoustic exposure 
can be expected to co-occur with other behavioral reactions, such as a 
flight response or an alteration in diving. However, respiration rates 
in and of themselves may be representative of annoyance or an acute 
stress response. Various studies have shown that respiration rates may 
either be unaffected or could increase, depending on the species and 
signal characteristics, again highlighting the importance in 
understanding species differences in the tolerance of underwater noise 
when determining the potential for impacts resulting from anthropogenic 
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et 
al., 2007).
    Marine mammals vocalize for different purposes and across multiple 
modes, such as whistling, echolocation click production, calling, and 
singing. Changes in vocalization behavior in response to anthropogenic 
noise can occur for any of these modes and may result from a need to 
compete with an increase in background noise or may reflect increased 
vigilance or a startle response. For example, in the presence of 
potentially masking signals, humpback whales and killer whales have 
been observed to increase the length of their songs (Miller et al., 
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales 
have been observed to shift the frequency content of their calls upward 
while reducing the rate of calling in areas of increased anthropogenic 
noise (Parks et al., 2007b). In some cases, animals may cease sound 
production during production of aversive signals (Bowles et al., 1994).
    Avoidance is the displacement of an individual from an area or 
migration path as a result of the presence of a sound or other 
stressors, and is one of the most obvious manifestations of disturbance 
in marine mammals (Richardson et al., 1995). For example, gray whales 
are known to change direction--deflecting from customary migratory 
paths--in order to avoid noise from seismic surveys (Malme et al., 
1984). Avoidance may be short-term, with animals returning to the area 
once the noise has ceased (e.g., Bowles et al., 1994; Goold 1996; Stone 
et al., 2000; Morton and Symonds 2002; Gailey et al., 2007). Longer-
term displacement is

[[Page 22263]]

possible, however, which may lead to changes in abundance or 
distribution patterns of the affected species in the affected region if 
habituation to the presence of the sound does not occur (e.g., 
Blackwell et al., 2004; Bejder et al., 2006; Teilmann et al., 2006).
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus 1996). The result of a flight response could range from brief, 
temporary exertion and displacement from the area where the signal 
provokes flight to, in extreme cases, marine mammal strandings (Evans 
and England 2001). However, it should be noted that response to a 
perceived predator does not necessarily invoke flight (Ford and Reeves 
2008) and whether individuals are solitary or in groups may influence 
the response.
    Behavioral disturbance can also impact marine mammals in more 
subtle ways. Increased vigilance may result in costs related to 
diversion of focus and attention (i.e., when a response consists of 
increased vigilance, it may come at the cost of decreased attention to 
other critical behaviors such as foraging or resting). These effects 
have generally not been demonstrated for marine mammals, but studies 
involving fish and terrestrial animals have shown that increased 
vigilance may substantially reduce feeding rates (e.g., Beauchamp and 
Livoreil 1997; Fritz et al., 2002; Purser and Radford 2011). In 
addition, chronic disturbance can cause population declines through 
reduction of fitness (e.g., decline in body condition) and subsequent 
reduction in reproductive success, survival, or both (e.g., Harrington 
and Veitch 1992; Daan et al., 1996; Bradshaw et al., 1998). However, 
Ridgway et al. (2006) reported that increased vigilance in bottlenose 
dolphins exposed to sound over a five-day period did not cause any 
sleep deprivation or stress effects.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption 
of such functions resulting from reactions to stressors such as sound 
exposure are more likely to be significant if they last more than one 
diel cycle or recur on subsequent days (Southall et al., 2007). 
Consequently, a behavioral response lasting less than one day and not 
recurring on subsequent days is not considered particularly severe 
unless it could directly affect reproduction or survival (Southall et 
al., 2007). Note that there is a difference between multi-day 
substantive behavioral reactions and multi-day anthropogenic 
activities. For example, just because an activity lasts for multiple 
days does not necessarily mean that individual animals are either 
exposed to activity-related stressors for multiple days or, further, 
exposed in a manner resulting in sustained multi-day substantive 
behavioral responses.
    Marine mammals are likely to avoid the HRG survey activity, 
especially the naturally shy harbor porpoise, while the harbor seals 
might be attracted to them out of curiosity. However, because the sub-
bottom profilers and other HRG survey equipment operate from a moving 
vessel, and the maximum radius to the 160 dB harassment threshold is 
less than 500 m, the area and time that this equipment would be 
affecting a given location is very small. Further, once an area has 
been surveyed, it is not likely that it will be surveyed again, 
therefore reducing the likelihood of repeated HRG-related impacts 
within the survey area. And while the drill ship using DP thrusters 
will generally remain stationary during geotechnical survey activities, 
the short duration (up to 75 days) of the DP thruster use would likely 
result in only short-term and temporary avoidance of the area, rather 
than permanent abandonment, by marine mammals.
    We have also considered the potential for severe behavioral 
responses such as stranding and associated indirect injury or mortality 
from DWW's use of HRG survey equipment, on the basis of a 2008 mass 
stranding of approximately one hundred melon-headed whales in a 
Madagascar lagoon system. An investigation of the event indicated that 
use of a high-frequency mapping system (12-kHz multibeam echosounder) 
was the most plausible and likely initial behavioral trigger of the 
event, while providing the caveat that there is no unequivocal and 
easily identifiable single cause (Southall et al., 2013). The 
investigatory panel's conclusion was based on (1) very close temporal 
and spatial association and directed movement of the survey with the 
stranding event; (2) the unusual nature of such an event coupled with 
previously documented apparent behavioral sensitivity of the species to 
other sound types (Southall et al., 2006; Brownell et al., 2009); and 
(3) the fact that all other possible factors considered were determined 
to be unlikely causes. Specifically, regarding survey patterns prior to 
the event and in relation to bathymetry, the vessel transited in a 
north-south direction on the shelf break parallel to the shore, 
ensonifying large areas of deep-water habitat prior to operating 
intermittently in a concentrated area offshore from the stranding site; 
this may have trapped the animals between the sound source and the 
shore, thus driving them towards the lagoon system. The investigatory 
panel systematically excluded or deemed highly unlikely nearly all 
potential reasons for these animals leaving their typical pelagic 
habitat for an area extremely atypical for the species (i.e., a shallow 
lagoon system). Notably, this was the first time that such a system has 
been associated with a stranding event. The panel also noted several 
site- and situation-specific secondary factors that may have 
contributed to the avoidance responses that led to the eventual 
entrapment and mortality of the whales. Specifically, shoreward-
directed surface currents and elevated chlorophyll levels in the area 
preceding the event may have played a role (Southall et al., 2013). The 
report also notes that prior use of a similar system in the general 
area may have sensitized the animals and also concluded that, for 
odontocete cetaceans that hear well in higher frequency ranges where 
ambient noise is typically quite low, high-power active sonars 
operating in this range may be more easily audible and have potential 
effects over larger areas than low frequency systems that have more 
typically been considered in terms of anthropogenic noise impacts. It 
is, however, important to note that the relatively lower output 
frequency, higher output power, and complex nature of the system 
implicated in this event, in context of the other factors noted here, 
likely produced a fairly unusual set of circumstances that indicate 
that such events would likely remain rare and are not necessarily 
relevant to use of lower-power, higher-frequency systems more commonly 
used for HRG survey applications. The risk of similar events recurring 
may be very low, given the extensive use of active acoustic systems 
used for scientific and navigational purposes worldwide on a daily 
basis and the lack of direct evidence of such responses previously 
reported.

 Tolerance

    Numerous studies have shown that underwater sounds from industrial 
activities are often readily detectable by marine mammals in the water 
at distances of many km. However, other

[[Page 22264]]

studies have shown that marine mammals at distances more than a few km 
away often show no apparent response to industrial activities of 
various types (Miller et al., 2005). This is often true even in cases 
when the sounds must be readily audible to the animals based on 
measured received levels and the hearing sensitivity of that mammal 
group. Although various baleen whales, toothed whales, and (less 
frequently) pinnipeds have been shown to react behaviorally to 
underwater sound from sources such as airgun pulses or vessels under 
some conditions, at other times, mammals of all three types have shown 
no overt reactions (e.g., Malme et al., 1986; Richardson et al., 1995; 
Madsen and Mohl 2000; Croll et al., 2001; Jacobs and Terhune 2002; 
Madsen et al., 2002; Miller et al., 2005). In general, pinnipeds seem 
to be more tolerant of exposure to some types of underwater sound than 
are baleen whales. Richardson et al. (1995) found that vessel sound 
does not seem to strongly affect pinnipeds that are already in the 
water. Richardson et al. (1995) went on to explain that seals on haul-
outs sometimes respond strongly to the presence of vessels and at other 
times appear to show considerable tolerance of vessels, and Brueggeman 
et al. (1992) observed ringed seals (Pusa hispida) hauled out on ice 
pans displaying short-term escape reactions when a ship approached 
within 0.16-0.31 mi (0.25-0.5 km). Due to the relatively high vessel 
traffic in the Lease Area it is possible that marine mammals are 
habituated to noise (e.g., DP thrusters) from project vessels in the 
area.

Vessel Strike

    Ship strikes of marine mammals can cause major wounds, which may 
lead to the death of the animal. An animal at the surface could be 
struck directly by a vessel, a surfacing animal could hit the bottom of 
a vessel, or a vessel's propeller could injure an animal just below the 
surface. The severity of injuries typically depends on the size and 
speed of the vessel (Knowlton and Kraus 2001; Laist et al., 2001; 
Vanderlaan and Taggart 2007).
    The most vulnerable marine mammals are those that spend extended 
periods of time at the surface in order to restore oxygen levels within 
their tissues after deep dives (e.g., the sperm whale). In addition, 
some baleen whales, such as the North Atlantic right whale, seem 
generally unresponsive to vessel sound, making them more susceptible to 
vessel collisions (Nowacek et al., 2004). These species are primarily 
large, slow moving whales. Smaller marine mammals (e.g., bottlenose 
dolphin) move quickly through the water column and are often seen 
riding the bow wave of large ships. Marine mammal responses to vessels 
may include avoidance and changes in dive pattern (NRC 2003).
    An examination of all known ship strikes from all shipping sources 
(civilian and military) indicates vessel speed is a principal factor in 
whether a vessel strike results in death (Knowlton and Kraus 2001; 
Laist et al., 2001; Jensen and Silber 2003; Vanderlaan and Taggart 
2007). In assessing records with known vessel speeds, Laist et al. 
(2001) found a direct relationship between the occurrence of a whale 
strike and the speed of the vessel involved in the collision. The 
authors concluded that most deaths occurred when a vessel was traveling 
in excess of 24.1 km/h (14.9 mph; 13 kts). Given the slow vessel speeds 
and predictable course necessary for data acquisition, ship strike is 
unlikely to occur during the geophysical and geotechnical surveys. 
Marine mammals would be able to easily avoid the applicant's vessels 
due to the slow speeds and are likely already habituated to the 
presence of numerous vessels in the area. Further, DWW shall implement 
measures (e.g., vessel speed restrictions and separation distances; see 
Proposed Mitigation Measures) set forth in the BOEM Lease to reduce the 
risk of a vessel strike to marine mammal species in the Lease Area.
    There are no rookeries or mating grounds known to be biologically 
important to marine mammals within the proposed project area. However, 
this area is an important feeding area for fin whales and an important 
migratory route for North Atlantic right whales (Waring et al., 2016). 
There is no designated critical habitat for any ESA-listed marine 
mammals. Critical habitat for North Atlantic right whales is a 
designated habitat that includes portions of Cape Cod Bay and 
Stellwagen Bank, the Great South Channel (each off the coast of 
Massachusetts), and waters adjacent to the coasts of Georgia and the 
east coast of Florida. This critical habitat was revised in 2006 to 
include two foraging areas in the North Pacific Ocean--one in the 
Bering Sea and one in the Gulf of Alaska (71 FR 38277, July 6, 2006); 
however, this is outside of the Project Area.
    NMFS' regulations at 50 CFR part 224 designated the nearshore 
waters of the Mid-Atlantic Bight as the Mid-Atlantic U.S. Seasonal 
Management Area (SMA) for right whales in 2008. Mandatory vessel speed 
restrictions (less than 10 knots) are in place in that SMA from 
November 1 through April 30 to reduce the threat of collisions between 
ships and right whales around their migratory route and calving 
grounds.
    Bottom disturbance associated with the proposed survey activities 
may include vibracores, CPTs, and grab sampling to validate the seabed 
classification obtained from the multibeam echosounder/sidescan sonar 
data. Approximately 10 vibracores per day or 8 CPTs per day is 
expected, either one or the other (not both). Impact on marine mammal 
habitat from these activities will be temporary, insignificant, and 
discountable.
    Because of the temporary nature of the disturbance, the 
availability of similar habitat and resources (e.g., prey species) in 
the surrounding area, and the lack of important or unique marine mammal 
habitat, 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.

Estimated Take by Incidental Harassment

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' 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, 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 A and Level B harassment, in the 
form of disruption of behavioral patterns or PTS for individual marine 
mammals resulting from exposure to HRG and geotechnical surveys. Level 
A harassment is only proposed to be authorized for harbor porpoise, 
harbor seal, and gray seal during the use of the sparker systems. Based 
on the small Level A isopleths (Table 7) for all other sources and 
hearing groups, Level A harassment is not anticipated. The death of a 
marine mammal is also a type of incidental take. However, as described 
previously, no mortality is anticipated or proposed to be authorized 
for this

[[Page 22265]]

activity. Below we describe how the take is estimated for this project.
    Project activities that have the potential to harass marine 
mammals, as defined by the MMPA, include underwater noise from 
operation of the HRG survey sub-bottom profilers and vibracores, and 
noise propagation associated with the use of DP thrusters during 
geotechnical survey activities that require the use of a DP drill ship. 
NMFS anticipates that impacts to marine mammals would be in the form of 
behavioral harassment potential PTS, and no take by serious injury or 
mortality is proposed.
    The basis for the take estimate is the number of marine mammals 
that would be exposed to sound levels in excess of NMFS' Level B 
harassment criteria for impulsive noise (160 dB re 1 [mu]Pa (rms) and 
continuous noise (120 dB re 1 [mu]Pa (rms.)), which is generally 
determined by overlaying the area ensonified above NMFS acoustic 
thresholds for harassment within a day with the density of marine 
mammals, and multiplying by the number of days. NMFS' current acoustic 
thresholds for estimating take are shown in Table 4 below.

                                   Table 4--NMFS's Acoustic Exposure Criteria
----------------------------------------------------------------------------------------------------------------
              Criterion                                Definition                            Threshold
----------------------------------------------------------------------------------------------------------------
Level B harassment (underwater)......  Behavioral disruption.....................  160 dB (impulsive source)/120
                                                                                    dB (continuous source)
                                                                                    (rms).
Level B harassment (airborne)........  Behavioral disruption.....................  90 dB (harbor seals)/100 dB
                                                                                    (other pinnipeds)
                                                                                    (unweighted).
----------------------------------------------------------------------------------------------------------------

    DWW took into consideration sound sources using the potential 
operational parameters, bathymetry, geoacoustic properties of the 
Project Area, time of year, and marine mammal hearing ranges. Results 
of a sound source verification study in a nearby location (xx) showed 
that estimated maximum distance to the 160 dB re 1 [mu]Pa (rms) MMPA 
threshold for all water depths for the HRG survey sub-bottom profilers 
(the HRG survey equipment with the greatest potential for effect on 
marine mammal) was approximately 447 m from the source, which equated 
to a propagation loss coefficient of 20logR (equivalent to spherical 
spreading). The estimated maximum critical distance to the 120 dB re 1 
[mu]Pa (rms) MMPA threshold for all water depths for the vibracore was 
approximately 1,778 from the source using spherical spreading. For 
sparkers and vibracore, we doubled these distances to conservatively 
account for the uncertainty in predicting propagation loss in a similar 
but different location. The estimated maximum critical distance to the 
120 dB re 1 [mu]Pa (rms) MMPA threshold for all water depths for the 
drill ship DP thruster was approximately 500 m from the source based on 
hydroacoustic modeling results (Subacoustech 2016). DWW and NMFS 
believe that these estimates represent the a conservative scenario and 
that the actual distances to the Level B harassment threshold may be 
shorter, as the calculated distance was doubled for the sparker system 
and vibracore, the SL for the sparker system was conservatively based 
on a source that was louder than the equipment proposed for use in this 
project, and there are some sound measurements taken in the Northeast 
that suggest a higher spreading coefficient (which would result in a 
shorter distance) may be applicable.
    DWW estimated species densities within the proposed project area in 
order to estimate the number of marine mammal exposures to sound levels 
above the 120 dB Level B harassment threshold for continuous noise 
(i.e., DP thrusters and vibracore) and the 160 dB Level B harassment 
threshold for intermittent, impulsive noise (i.e., sparkers). Research 
indicates that marine mammals generally have extremely fine auditory 
temporal resolution and can detect each signal separately (e.g., Au et 
al., 1988; Dolphin et al., 1995; Supin and Popov 1995; Mooney et al., 
2009b), especially for species with echolocation capabilities. 
Therefore, it is likely that marine mammals would perceive the acoustic 
signals associated with the HRG survey equipment as being intermittent 
rather than continuous, and we base our takes from these sources on 
exposures to the 160 dB threshold.
    The data used as the basis for estimating cetacean density (``D'') 
for the Lease Area are sightings per unit effort (SPUE) derived by Duke 
University (Roberts et al., 2016). For pinnipeds, the only available 
comprehensive data for seal abundance is the Northeast Navy Operations 
Area (OPAREA) Density Estimates (DoN 2007). SPUE (or, the relative 
abundance of species) is derived by using a measure of survey effort 
and number of individual cetaceans sighted. SPUE allows for comparison 
between discrete units of time (i.e. seasons) and space within a 
project area (Shoop and Kenney, 1992). The Duke University (Roberts et 
al., 2016) cetacean density data represent models derived from 
aggregating line-transect surveys conducted over 23 years by 5 
institutions (NMFS Northeast Fisheries Science Center (NEFSC), New 
Jersey Department of Environmental Protection (NJDEP), NMFS Southeast 
Fisheries Science Center (SEFSC), University of North Carolina 
Wilmington (UNCW), Virginia Aquarium & Marine Science Center (VAMSC)), 
the results of which are freely available online at the Ocean 
Biogeographic Information System Spatial Ecological Analysis of 
Megavertebrate Populations (OBIS-SEAMAP) repository. The datasets for 
each species were downloaded from OBIS-SEAMAP and were modeled as 
estimated mean year-round abundance (number of individual animals) per 
grid cell (100 km by 100 km) for most species. For certain species, the 
model predicted monthly mean abundance rather than mean year-round 
abundance, for which the annual mean abundance was calculated using 
Spatial Analyst tools in ArcGIS. Based on the annual mean abundance 
datasets, the mean density (animals/km\2\) was calculated in ArcGIS by 
averaging the abundance of animals within the Project Area and dividing 
by 100 to get animals/km\2\. The OPAREA Density Estimates (DoN 2007) 
used for pinniped densities were based on data collected through NMFS 
NWFSC aerial surveys conducted between 1998 and 2005.
    The Zone of influence (ZOI) is the extent of the ensonified zone in 
a given day. The ZOI was calculated using the following equations:

 Stationary source (e.g. DP thruster and vibracore): [pi]r\2\
 Mobile source (e.g. sparkers): (distance/day * 2r) + [pi]r\2\

    Where distance is the maximum survey trackline per day (110 km) and 
r is the distance to the 160 dB (for impulsive sources) and 120 dB (for 
non-impulsive sources) isopleths. The isopleths for sparkers and 
vibracores were calculated using spherical spreading, and the resulting 
isopleths were doubled as a conservative measure. The isopleths for the 
DP thruster was calculated using a

[[Page 22266]]

transmission loss coefficient of 11.12, which was based on field 
verification study results (Subacoustech 2016).
    Estimated takes were calculated by multiplying the species density 
(animals per km\2\) by the appropriate ZOI, multiplied by the number of 
appropriate days (e.g. 168 for HRG activities or 75 days for 
geotechnical activities) of the specified activity. A detailed 
description of the acoustic modeling used to calculate zones of 
influence is provided in DWW's IHA application (also see the discussion 
in the Mitigation section below).
    DWW used a distance to the 160 dB Level B threshold of 447 m, which 
was doubled to be conservative, for a maximum distance of 894 m for the 
sparker system. The ZOI of 199.048 km\2\ for the sparker system and the 
survey period of a conservative 168 days, which includes estimated 
weather downtime, was used to estimate take from use of the HRG survey 
equipment during geophysical survey activities. The ZOI is based on the 
worst case (since it assumes the higher powered Dura-Spark 240 System 
sparker will be operating all the time) and a maximum survey trackline 
of 110 km (68 mi) per day. The resulting take estimates (rounded to the 
nearest whole number) are presented in Table 5.
    DWW used a maximum distance to the 120 dB Level B threshold of 499 
m for DP thrusters. The ZOI of 0.782 km\2\ and the maximum DP thruster 
use period of 75 days were used to estimate take from use of the DP 
thruster during geotechnical survey activities.
    DWW used a distance to the 120 dB Level B zone of 1,778 m, which 
was doubled to be conservative, for a maximum distance of 3,556 m for 
vibracore. The ZOI of 39.738 km\2\ and a maximum vibracore use period 
of 75 days were used to estimate take from use of the vibracore during 
geotechnical survey activities. The resulting take estimates (rounded 
to the nearest whole number) based upon these conservative assumptions 
are presented in Table 5.

              Table 5--Estimated Level B Harassment Takes for HRG and Geophysical Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                               Applied acoustics
                                                   HPC or                       100-1,000 joule    Total number
          Equipment                Density       Rossfelder      DP thruster    Dura-Spark  240      of takes
                                                    Corer                            system
----------------------------------------------------------------------------------------------------------------
Sound Source (dB)              ..............             185             150          213 dBrms  ..............
Number of Activity Days        ..............              75              75                168  ..............
Threshold                      ..............      RMS 120 dB      RMS 120 dB         RMS 160 dB  ..............
                                              ---------------------------------------------------
Species Common Name                              Level B Take Estimate (multiplied by number of   ..............
                                                                     days)
----------------------------------------------------------------------------------------------------------------
                                    Odontoceti (Toothed Whales and Dolphins)
----------------------------------------------------------------------------------------------------------------
Sperm whale..................      0.00007657               0               0                  3               3
Dwarf sperm whale............             0.0               0               0                  0               0
Pygmy sperm whale............             0.0               0               0                  0               0
Killer Whale.................               0               0               0                  0               0
Pygmy killer whale...........      0.00000895               0               0                  0               0
False killer whale...........               0               0               0                  3               3
Northern bottlenose whale....      0.00007786               0               0                  0               0
Cuvier's beaked whale........      0.00018441               1               0                  6               7
Mesoplodon beaked whales                    0               0               0                  0               0
 (True's, Gervais',
 Blainville's, and Sowerby's
 beaked whales)..............
Melon-headed whale...........               0               0               0                  0               0
                                            0
Risso's dolphin..............      0.00000221               0               0                  0               0
Long-finned pilot whale......      0.00149747               4               0                 50              54
Short-finned pilot whale.....               0               0               0                  0               0
Atlantic white-sided dolphin.      0.01444053              43               1                483             527
White-beaked dolphin.........      0.00008411               0               0                  3               3
Short-beaked common dolphin..      0.04027238             120               2              1,347  ..............
Atlantic spotted dolphin.....      0.00006577               0               0                  2               2
Pantropical spotted dolphin..               0               0               0                  0               0
Striped dolphin..............      0.00003174               0               0                  1               1
Fraser's dolphin.............               0               0               0                  0               0
Rough toothed dolphin........               0               0               0                  0               0
Clymene dolphin..............               0               0               0                  0               0
Spinner dolphin..............               0               0               0                  0               0
Common bottlenose dolphin....       0.0115608              34               1                387              42
Harbor Porpoise..............      0.03340904             100               2              1,117           1,219
----------------------------------------------------------------------------------------------------------------
                                            Mysticeti (Baleen Whales)
----------------------------------------------------------------------------------------------------------------
Fin whale....................      0.00207529               6               0                 69              75
Sei whale....................      0.00008766               0               0                  3               3
Minke whale..................      0.00046292               1               0                 15              16
Blue whale...................      0.00000918               0               0                  0               0
Humpback whale...............       0.0014806               4               0                 50              54
North Atlantic right whale...      0.00295075               9               0                 99             108
----------------------------------------------------------------------------------------------------------------
                                                 Phocids (Seals)
----------------------------------------------------------------------------------------------------------------
Harbor seal..................     0.313166136             933              18             10,472          11,423

[[Page 22267]]

 
Gray seal....................     0.036336364             108               2              1,215           1,325
----------------------------------------------------------------------------------------------------------------

    DWW's requested take numbers are provided in Tables 7 and are also 
the number of takes NMFS is proposing to authorize. DWW's calculations 
do not take into account whether a single animal is harassed multiple 
times or whether each exposure is a different animal. Therefore, the 
numbers in Table 7 are the maximum number of animals that may be 
harassed during the HRG and geotechnical surveys (i.e., DWW assumes 
that each exposure event is a different animal). These estimates do not 
account for prescribed mitigation measures that DWW would implement 
during the specified activities and the fact that shutdown/powerdown 
procedures shall be implemented if an animal enters within 200 m of the 
vessel during any activity, and within 400 m when the sparkers are 
operating, further reducing the potential for any takes to occur during 
these activities.
    DWW used NMFS' Guidance (NMFS 2016) to determine sound exposure 
thresholds to determine when an activity that produces sound might 
result in impacts to a marine mammal such that a take by injury, in the 
form of PTS, might occur. The functional hearing groups and the 
associated PTS onset acoustic thresholds are indicated in Table 6 
below.

          Table 6--Summary of PTS Onset Acoustic Thresholds \1\
------------------------------------------------------------------------
                               PTS onset acoustic thresholds * (received
                                                level)
        Hearing group        -------------------------------------------
                                    Impulsive           Non-impulsive
------------------------------------------------------------------------
Low-frequency cetaceans.....  Cell 1: Lpk,flat:     Cell 2: LE,LF,24h:
                               219 dB; LE,LF,24h:    199 dB.
                               183 dB.
Mid-frequency cetaceans.....  Cell 3: Lpk,flat:     Cell 4: LE,MF,24h:
                               230 dB; LE,MF,24h:    198 dB.
                               185 dB.
High-frequency cetaceans....  Cell 5: Lpk,flat:     Cell 6: LE,HF,24h:
                               202 dB; LE,HF,24h:    173 dB.
                               155 dB.
Phocid Pinnipeds              Cell 7: Lpk,flat:     Cell 8: LE,PW,24h:
 (underwaters).                218 dB; LE,PW,24h:    201 dB.
                               185 dB.
Otariid Pinnipeds             Cell 9: Lpk,flat:     Cell 10: LE,OW,24h:
 (underwater).                 232 dB; LE,OW,24h:    219 dB.
                               203 dB.
------------------------------------------------------------------------
\1\ NMFS 2016.
* Dual metric acoustic thresholds for impulsive sounds: Use whichever
  results in the largest isopleth for calculating PTS onset. If a non-
  impulsive sound has the potential of exceeding the peak sound pressure
  level thresholds associated with impulsive sounds, these thresholds
  should also be considered.

    DWW used the user spreadsheet to calculate the isopleth for the 
loudest sources (sparker, vibracore, DP thruster). The sparker was 
calculated with the following conditions: Source level of 186 dB SEL, 
source velocity of 1.93 meters per second (m/s), repetition rate of 
2.48, and a weighting factor adjustment of 1.2 and 2.75 based on the 
appropriate broadband source. Isopleths were less than 1 m for all 
hearing groups (Table 7) except high-frequency cetaceans, which was 
5.12 m. Level A takes are only requested for harbor porpoise, harbor 
seal, and gray seal (Table 8). The vibracore used the following 
parameters: Source level of 185 rms, distance of source level 
measurement at 1 m, duration of 1 hour, propagation loss of 20, and 
weighting factor adjustment of 1.7, 6.2, and 20 based on the 
spectrograms for this equipment. Isopleths are summarized in Table 7 
and no Level A takes are requested during the use of the vibracore 
(Table 8). The DP thruster was defined as non-impulsive static 
continuous source with a source level of 150 dB rms, Propagation loss 
of 11.12 based on the spectrograms for this equipment (Subacoustech 
2016), an activity duration of 1 and 3 hours and weighting factor 
adjustment of 1.7 and 5. Isopleths were less than 3 m for all hearing 
groups (Table 7); therefore, no Level A takes were requested for this 
source (Table 8).

[[Page 22268]]



                                                 Table 7--Maximum Worst-Case Distance (m) and Area (km\2\) to the Level A and Level B Thresholds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hearing                             SELcum  Equipment........       Vibracore operations: HP Cor Rossfelder Corer
group                            threshold
                                      (dB)
                                         DP thruster           800 Joule........  Sparker..........
                                                               geo..............  system...........
                                                               resources........
                                                               sparker..........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Source PLS.......                         185 dB RMS
                                          150 dB RMS           186 dB SEL.......  186 dB SEL.......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Level A
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Threshold  WFA*.............  1.7..............  6.2..............  20...............  1.7..............  5................  2.75............  1.2
                                            (kHz)............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Low-Frequency Cetaceans.......         199  PTS Isopleth to    11.97 m, 0 km\2\.  .................  .................  0.06 m, 0 km\2\..  .................  1.29 m, 0.283     1.30 m, 0.287
                                             threshold                                                                                                         km\2\.            km\2\.
                                             (meters).
Mid-Frequency Cetaceans.......         198                     .................  .................  12.96 m, 0.001     .................  0.03 m, 0 km\2\..  0.02 m, 0.005     ................
                                                                                                      km\2\.                                                   km\2\.
High-Frequency Cetaceans......         173                     .................  .................  207.58 m, 0.135    .................  2.17 m, 0 km\2\..  5.12 m, 1.127     ................
                                                                                                      km\2\.                                                   km\2\.
Phocid Pinnipeds..............         201                     .................  9.51 m, 0 km\2\    .................  .................  0.11 m, 0 km\2\..  0.65 m, 0.144     ................
                                                                                                                                                               km\2\.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Level B
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Threshold  Source PLS.......                         185 dB RMS
                                          150 dB RMS           213 dB RMS.......  213 dB RMS,......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All Marine Mammals............         120  Level B                              3,556 m, 39.74 km\2\
                                             Harassment
                                             Distance.
                                      499 m, 0.78 km\2\
                                                              -----------------------------------------------------------------------------------------------
                                       160
                                                               893 m, 199.0481    893 m, 199.0481
                                                                km\2\.             km\2\..
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Weighting Factor Adjustment.

    Estimated Level A takes for all geophysical and geotechnical 
activities are summarized in Table 8 below.

                                  Table 8--Estimated Level A Harassment Takes for HRG and Geophysical Survey Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Equipment                                                                 Density
                                                                   (animal/km\2\)      HPC or Rossfelder Corer
                                                                          DP thruster         Applied
                                                                                              acoustic
                                                                                               s 100-
                                                                                                1,000
                                                                                                joule
                                                                                                Dura-
                                                                                                Spark
                                                                                                  240
                                                                                               system
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sound Source (dB)                                                                                185
                                                                              150                 186
                                                                                                dBSEL
------------------------------------------------------------------                 ---------------------------------------------------------------------
Weighting Factor Adjustment (kHz)                                                       1.7       6.2        20       1.7         5                2.75
------------------------------------------------------------------                 ---------------------------------------------------------------------
Number of Activity Days                                                                          75
                                                                               75                 168
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Common Name                                                                  Take Estimate (multiplied by number of days and rounded to a whole
                                                                                                                   number)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Porpoise..................................................      0.03340904   ........  ........        0   ........        0                   6
Harbor seal......................................................     0.313166136   ........        0   ........  ........        0                   8
Gray seal........................................................     0.036336364   ........        0   ........  ........        0                   1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Proposed Mitigation

    Under section 101(a)(5)(D) of the MMPA, NMFS shall prescribe the 
permissible methods of taking by harassment pursuant to such activity, 
and other means of effecting the least practicable adverse impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for subsistence uses.
    To ensure that the ``least practicable adverse impact'' will be 
achieved, NMFS evaluates mitigation measures in consideration of the 
following factors in relation to one another: 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, their habitat, and their availability for subsistence uses 
(latter where relevant); the proven or likely efficacy of the measures; 
and the practicability of the measures for applicant implementation.

Proposed Mitigation Measures

    With NMFS' input during the application process, and as per the 
BOEM Lease, DWW is proposing the following mitigation measures during 
site characterization surveys utilizing HRG survey equipment and use of 
the DP thruster and vibracore. The mitigation measures outlined in this 
section are based on protocols and procedures that have been 
successfully

[[Page 22269]]

implemented and resulted in no observed take of marine mammals for 
similar offshore projects and previously approved by NMFS (ESS 2013; 
Dominion 2013 and 2014).

Marine Mammal Exclusion Zones

    Protected species observers (PSOs) will monitor the following 
exclusion/monitoring zones for the presence of marine mammals:
     A 200-m exclusion zone during all geophysical and 
geotechnical operations
     A 400-m exclusion zone during the use of sparkers.
    These exclusion zones are exclusion zone specified in stipulations 
of the OCS-A 0486 Lease Agreement.

Visual Monitoring

    Visual monitoring of the established exclusion zone(s) s will be 
performed by qualified and NMFS-approved PSOs, the resumes of whom will 
be provided to NMFS for review and approval prior to the start of 
survey activities. Observer qualifications will include direct field 
experience on a marine mammal observation vessel and/or aerial surveys 
in the Atlantic Ocean/Gulf of Mexico. An observer team comprising a 
minimum of four NMFS-approved PSOs and two certified Passive Acoustic 
Monitoring (PAM) operators (PAM operators will not function as PSOs), 
operating in shifts, will be stationed aboard the survey vessel. PSOs 
and PAM operators will work in shifts such that no one monitor will 
work more than 4 consecutive hours without a 2-hour break or longer 
than 12 hours during any 24-hour period. Each PSO will monitor 360 
degrees of the field of vision.
    PSOs will be responsible for visually monitoring and identifying 
marine mammals approaching or within the established exclusion zone(s) 
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 and enforce the action(s) that are necessary to ensure 
mitigation and monitoring requirements are implemented as appropriate. 
PAM operators will communicate detected vocalizations to the Lead PSO 
on duty, who will then be responsible for implementing the necessary 
mitigation procedures.
    PSOs will be equipped with binoculars and have the ability to 
estimate distances to marine mammals located in proximity to the vessel 
and/or exclusion zone using range finders. Reticulated binoculars will 
also be available to PSOs for use as appropriate based on conditions 
and visibility to support the siting and monitoring of marine species. 
During night operations, PAM (see Passive Acoustic Monitoring 
requirements below) and night-vision equipment in combination with 
infrared technology will be used. Position data will be recorded using 
hand-held or vessel global positioning system (GPS) units for each 
sighting.
    The PSOs will begin observation of the exclusion zone(s) at least 
60 minutes prior to ramp-up of HRG survey equipment. Use of noise-
producing equipment will not begin until the exclusion zone is clear of 
all marine mammals for at least 60 minutes, as per the requirements of 
the BOEM Lease.
    If a marine mammal is detected approaching or entering the 200-m or 
400-m exclusion zones, the vessel operator would adhere to the shutdown 
(during HRG survey) or powerdown (during DP thruster use) procedures 
described below to minimize noise impacts on the animals.
    At all times, the vessel operator will maintain a separation 
distance of 500 m from any sighted North Atlantic right whale as 
stipulated in the Vessel Strike Avoidance procedures described below. 
These stated requirements will be included in the site-specific 
training to be provided to the survey team.

Passive Acoustic Monitoring

    As per the BOEM Lease, alternative monitoring technologies (e.g., 
active or passive acoustic monitoring) are required if a Lessee intends 
to conduct geophysical surveys at night or when visual observation is 
otherwise impaired. To support 24-hour HRG survey operations, DWW will 
include PAM as part of the project monitoring during nighttime 
operations to provide for optimal acquisition of species detections at 
night.
    Given the range of species that could occur in the Project Area, 
the PAM system will consist of an array of hydrophones with both 
broadband (sampling mid-range frequencies of 2 kHz to 200 kHz) and at 
least one low-frequency hydrophone (sampling range frequencies of 75 Hz 
to 30 kHz). The PAM operator(s) will monitor the hydrophone signals for 
detection of marine mammals in real time both aurally (using 
headphones) and visually (via the monitor screen displays). PAM 
operators will communicate detections to the Lead PSO on duty who will 
ensure the implementation of the appropriate mitigation measure.

 Vessel Strike Avoidance

    DWW will ensure that vessel operators and crew maintain a vigilant 
watch for cetaceans and pinnipeds and slow down or stop their vessels 
to avoid striking these species. Survey vessel crew members responsible 
for navigation duties will receive site-specific training on marine 
mammal sighting/reporting and vessel strike avoidance measures. Vessel 
strike avoidance measures will include the following, except under 
extraordinary circumstances when complying with these requirements 
would put the safety of the vessel or crew at risk:
     All vessel operators will comply with 10 knot (<18.5 km 
per hour [km/h]) speed restrictions in any Dynamic Management Area 
(DMA).
     All survey vessels will maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines will not be engaged until the North Atlantic 
right whale has moved outside of the vessel's path and beyond 100 m. If 
stationary, the vessel must not engage engines until the North Atlantic 
right whale has moved beyond 100 m.
     All vessels will maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid (i.e., mysticetes and sperm 
whales) cetaceans. If sighted, the vessel underway must reduce speed 
and shift the engine to neutral and must not engage the engines until 
the non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel will not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels will maintain a separation distance of 50 m or 
greater from any sighted delphinoid cetacean. Any vessel underway will 
remain parallel to a sighted delphinoid cetacean's course whenever 
possible and avoid excessive speed or abrupt changes in direction. Any 
vessel underway reduces vessel speed to 10 knots or less when pods 
(including mother/calf pairs) or large assemblages of delphinoid 
cetaceans are observed. Vessels may not adjust course and speed until 
the delphinoid cetaceans have moved beyond 50 m and/or abeam (i.e., 
moving away and at a right angle to the centerline of the vessel) of 
the underway vessel.

[[Page 22270]]

     All vessels will maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    The training program will be provided to NMFS for review and 
approval prior to the start of surveys. 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 
members understand and will comply with the necessary requirements 
throughout the survey event.

 Seasonal Operating Requirements

    Between watch shifts, members of the monitoring team will consult 
the NMFS North Atlantic right whale reporting systems for the presence 
of North Atlantic right whales throughout survey operations. The 
proposed survey activities will, however, occur outside of the seasonal 
management area (SMA) located off the coasts of Delaware and New 
Jersey. The proposed survey activities will also occur in June/July and 
September, which is outside of the seasonal mandatory speed restriction 
period for this SMA (November 1 through April 30).
    Throughout all survey operations, DWW will monitor the NMFS North 
Atlantic right whale reporting systems for the establishment of a DMA. 
If NMFS should establish a DMA in the Lease Area under survey, within 
24 hours of the establishment of the DMA, DWW will work with NMFS to 
shut down and/or alter the survey activities to avoid the DMA.

 Ramp-Up

    As per the BOEM Lease, a ramp-up procedure will be used for HRG 
survey equipment capable of adjusting energy levels at the start or re-
start of HRG survey activities. A ramp-up procedure will be used at the 
beginning of HRG survey activities in order to provide additional 
protection to marine mammals near the Project Area by allowing them to 
vacate the area prior to the commencement of survey equipment use. The 
ramp-up procedure will not be initiated during daytime, nighttime, or 
periods of inclement weather if the exclusion zone cannot be adequately 
monitored by the PSOs using the appropriate visual technology (e.g., 
reticulated binoculars, night vision equipment) and/or PAM for a 60-
minute period. A ramp-up would begin with the power of the smallest 
acoustic HRG equipment at its lowest practical power output appropriate 
for the survey. The power would then be gradually turned up and other 
acoustic sources added such that the source level would increase in 
steps not exceeding 6 dB per 5-minute period. If marine mammals are 
detected within the HRG survey exclusion zone prior to or during the 
ramp-up, activities will be delayed until the animal(s) has moved 
outside the monitoring zone and no marine mammals are detected for a 
period of 60 minutes.
    The DP vessel thrusters will be engaged from the time the vessel 
leaves the dock to support the safe operation of the vessel and crew 
while conducting geotechnical survey activities and require use as 
necessary. Therefore, there is no opportunity to engage in a ramp-up 
procedure.

 Shutdown and Powerdown

    HRG Survey--The exclusion zone(s) around the noise-producing 
activities (HRG and geotechnical survey equipment) will be monitored, 
as previously described, by PSOs and at night by PAM operators for the 
presence of marine mammals before, during, and after any noise-
producing activity. The vessel operator must comply immediately with 
any call for shutdown by the Lead PSO. Any disagreement should be 
discussed only after shutdown.
    As per the BOEM Lease, if a non-delphinoid (i.e., mysticetes and 
sperm whales) cetacean is detected at or within the established 
exclusion zone (200-m exclusion zone during HRG surveys; 400-m 
exclusion zone during the operation of the sparker), an immediate 
shutdown of the survey equipment is required. Subsequent restart of the 
survey equipment must use the ramp-up procedures described above and 
may only occur following clearance of the exclusion zone for 60 
minutes.
    As per the BOEM Lease, if a delphinoid cetacean or pinniped is 
detected at or within the exclusion zone, the HRG survey equipment 
(including the sub-bottom profiler) must be powered down to the lowest 
power output that is technically feasible. Subsequent power up of the 
survey equipment must use the ramp-up procedures described above and 
may occur after (1) the exclusion zone is clear of a delphinoid 
cetacean and/or pinniped for 60 minutes or (2) a determination by the 
PSO after a minimum of 10 minutes of observation that the delphinoid 
cetacean or pinniped is approaching the vessel or towed equipment at a 
speed and vector that indicates voluntary approach to bow-ride or chase 
towed equipment.
    If the HRG sound source (including the sub-bottom profiler) shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment 
(including the sub-bottom profiler) is required using the full ramp-up 
procedures and clearance of the exclusion zone of all cetaceans and 
pinnipeds for 60 minutes. If the pause is less than 20 minutes, the 
equipment may be restarted as soon as practicable at its operational 
level as long as visual surveys were continued diligently throughout 
the silent period and the exclusion zone remained clear of cetaceans 
and pinnipeds. If the visual surveys were not continued diligently 
during the pause of 20 minutes or less, a restart of the HRG survey 
equipment (including the sub-bottom profiler) is required using the 
full ramp-up procedures and clearance of the exclusion zone for all 
cetaceans and pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities, a constant position over the drill, coring, or CPT site 
must be maintained to ensure the integrity of the survey equipment. 
During DP vessel operations if marine mammals enter or approach the 
established exclusion zone, DWW proposes to reduce DP thruster to the 
maximum extent possible, except under circumstances when ceasing DP 
thruster use would compromise safety (both human health and 
environmental) and/or the integrity of the Project. Reducing thruster 
energy will effectively reduce the potential for exposure of marine 
mammals to sound energy. Normal use may resume when PSOs report that 
the monitoring zone has remained clear of marine mammals for a minimum 
of 60 minutes since last the sighting.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on the affected 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 
incidental take authorizations (ITAs) must include the suggested means 
of accomplishing the necessary monitoring and reporting that

[[Page 22271]]

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 measures prescribed by NMFS should contribute to 
improved understanding of one or more of the following general goals:
     Occurrence of marine mammal species or stocks in the 
action area (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).
     Mitigation and monitoring effectiveness.

Proposed Monitoring Measures

    DWW submitted marine mammal monitoring and reporting measures as 
part of the IHA application. These measures may be modified or 
supplemented based on comments or new information received from the 
public during the public comment period.
    Visual Monitoring--Visual monitoring of the established Level B 
harassment zones (200-m radius during all HRG and geotechnical surveys 
(note that this is the same as the mitigation exclusion/shutdown zones 
established for HRG and geotechnical survey sound sources); 400-m 
radius during use of the sparker system (note that this is the same as 
the exclusion zone established for sparker use) will be performed by 
qualified and NMFS-approved PSOs (see discussion of PSO qualifications 
and requirements in Marine Mammal Exclusion Zones above).
    The PSOs will begin observation of the monitoring zone during all 
HRG survey activities and all geotechnical operations where DP 
thrusters are employed. Observations of the monitoring zone will 
continue throughout the survey activity and/or while DP thrusters are 
in use. PSOs will be responsible for visually monitoring and 
identifying marine mammals approaching or entering the established 
monitoring zone during survey activities.
    Observations will take place from the highest available vantage 
point on the survey vessel. General 360-degree scanning will occur 
during the monitoring periods, and target scanning by the PSO will 
occur when alerted of a marine mammal presence.
    Data on all PSO observations will be recorded based on standard PSO 
collection requirements. This will include dates and locations of 
construction operations; time of observation, location and weather; 
details of the sightings (e.g., species, age classification (if known), 
numbers, behavior); and details of any observed ``taking'' (behavioral 
disturbances or injury/mortality). The data sheet will be provided to 
both NMFS and BOEM for review and approval prior to the start of survey 
activities. In addition, prior to initiation of survey work, all crew 
members will undergo environmental training, a component of which will 
focus on the procedures for sighting and protection of marine mammals. 
A briefing will also be conducted between the survey supervisors and 
crews, the PSOs, and DWW. The purpose of the briefing will be to 
establish responsibilities of each party, define the chains of command, 
discuss communication procedures, provide an overview of monitoring 
purposes, and review operational procedures.
    Acoustic Field Verification--As per the requirements of the BOEM 
Lease, field verification of the exclusion/monitoring zones will be 
conducted to determine whether the proposed zones correspond accurately 
to the relevant isopleths and are adequate to minimize impacts to 
marine mammals. The details of the field verification strategy will be 
provided in a Field Verification Plan no later than 45 days prior to 
the commencement of field verification activities.
    DWW must conduct field verification of the exclusion zone (the 160 
dB isopleth) for HRG survey equipment and the exclusion zone (the 120 
dB isopleth) for DP thruster use for all equipment operating below 200 
kHz. DWW must take acoustic measurements at a minimum of two reference 
locations and in a manner that is sufficient to establish source level 
(peak at 1 meter) and distance to the 160 dB isopleths (the B 
harassment zones for HRG surveys) and 120 dB isopleth (the Level B 
harassment zone) for DP thruster use. Sound measurements must be taken 
at the reference locations at two depths (i.e., a depth at mid-water 
and a depth at approximately 1 meter (3.28 ft) above the seafloor).
    DWW may use the results from its field-verification efforts to 
request modification of the exclusion/monitoring zones for the HRG or 
geotechnical surveys. Any new exclusion/monitoring zone radius proposed 
by DWW must be based on the most conservative measurements (i.e., the 
largest safety zone configuration) of the target Level A or Level B 
harassment acoustic threshold zones. The modified zone must be used for 
all subsequent use of field-verified equipment. DWW must obtain 
approval from NMFS and BOEM of any new exclusion/monitoring zone before 
it may be implemented, and the IHA shall be modified accordingly.

Proposed Reporting Measures

    DWW will provide the following reports as necessary during survey 
activities:
     The Applicant will contact NMFS and BOEM within 24 hours 
of the commencement of survey activities and again within 24 hours of 
the completion of the activity.
     As per the BOEM Lease: Any observed significant behavioral 
reactions (e.g., animals departing the area) or injury or mortality to 
any marine mammals must be reported to NMFS and BOEM within 24 hours of 
observation. Dead or injured protected species are reported to the NMFS 
Greater Atlantic Regional Fisheries Office (GARFO) Stranding Hotline 
(800-900-3622) within 24 hours of sighting, regardless of whether the 
injury is caused by a vessel. In addition, if the injury of death was 
caused by a collision with a project related vessel, DWW must ensure 
that NMFS and BOEM are notified of the strike within 24 hours. DWW must 
use the form included as Appendix A to Addendum C of the Lease to 
report the sighting or incident. Additional reporting requirements for 
injured or dead animals are described below (Notification of Injured or 
Dead Marine Mammals).
     Notification of Injured or Dead Marine Mammals--In the 
unanticipated

[[Page 22272]]

event that the specified HRG and geotechnical activities lead to an 
injury of a marine mammal (Level A harassment) or mortality (e.g., 
ship-strike, gear interaction, and/or entanglement), DWW would 
immediately cease the specified activities and report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources and the NOAA GARFO Stranding Coordinator. The report would 
include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities would not resume until NMFS is able to review the 
circumstances of the event. NMFS would work with DWW to minimize 
reoccurrence of such an event in the future. DWW would not resume 
activities until notified by NMFS.
    In the event that DWW discovers an injured or dead marine mammal 
and determines that the cause of the injury or death is unknown and the 
death is relatively recent (i.e., in less than a moderate state of 
decomposition), DWW would immediately report the incident to the Chief 
of the Permits and Conservation Division, Office of Protected Resources 
and the GARFO Stranding Coordinator. The report would include the same 
information identified in the paragraph above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with DWW to determine if modifications in the activities are 
appropriate.
    In the event that DWW discovers an injured or dead marine mammal 
and determines that the injury or death is not associated with or 
related to the activities authorized in the IHA (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, or 
scavenger damage), DWW would report the incident to the Chief of the 
Permits and Conservation Division, Office of Protected Resources, and 
the GARFO Regional Stranding Coordinator, within 24 hours of the 
discovery. DWW would provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS. DWW can continue its operations under such a case.
     Within 90 days after completion of the marine site 
characterization survey activities, a technical report will be provided 
to NMFS and BOEM that fully documents the methods and monitoring 
protocols, summarizes the data recorded during monitoring, estimates 
the number of marine mammals that may have been taken during survey 
activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
must be addressed in the final report prior to acceptance by NMFS.
     In addition to the Applicant's reporting requirements 
outlined above, DWW will provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This will be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.

Negligible Impact Analysis and Determinations

    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. 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 the 
authorized 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, etc.), as 
well as effects on habitat, the status of the affected stocks, and the 
likely effectiveness of the mitigation. Consistent with the 1989 
preamble for the NMFS implementing regulations (54 FR 40338; September 
29, 1989), the impacts from other past and ongoing anthropogenic 
activities are incorporated into these analyses 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).
    As discussed in the Potential Effects section, PTS, masking, non-
auditory physical effects, and vessel strike are not expected to occur. 
Further, once an area has been surveyed, it is not likely that it will 
be surveyed again, thereby reducing the likelihood of repeated impacts 
within the project area.
    Potential impacts to marine mammal habitat were discussed 
previously in this document (see the Potential Effects of the Specified 
Activity on Marine Mammals and their Habitat section). Marine mammal 
habitat may be impacted by elevated sound levels and some sediment 
disturbance, but these impacts would be temporary. Feeding behavior is 
less likely to be significantly impacted, as marine mammals appear to 
be less likely to exhibit behavioral reactions or avoidance responses 
while engaged in feeding activities (Richardson et al., 1995). 
Additionally, prey species are mobile and are broadly distributed 
throughout the Project 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. Furthermore, there are no rookeries or mating grounds 
known to be biologically important to marine mammals within the 
proposed project area. A biologically important feeding area for fin 
whales East of Montauk Point (from March to October) and a biologically 
important migratory route effective March-April and November-December 
for North Atlantic right whale, occur near the Project Area (LaBrecque, 
et al., 2015). However, there is only a small temporal overlap between 
the migratory biologically important area (BIA) and the proposed survey 
activities in November and December.
    ESA-listed species for which takes are proposed are North Atlantic 
right, sperm, sei and fin whales. Recent estimates of abundance 
indicate a potential declining right whale

[[Page 22273]]

population; however, this may also be due to low sighting rates in 
areas where right whales were present in previous years, due to a shift 
in habitat use patterns (Waring et al., 2016). There are currently 
insufficient data to determine population trends for fin whale, sei 
whale, and sperm whale (Waring et al., 2015). There is no designated 
critical habitat for any ESA-listed marine mammals within the Project 
Area, and most of the stocks for non-listed species proposed to be 
taken are not considered depleted or strategic by NMFS under the MMPA. 
Of the two non-listed species that are considered strategic for which 
take is requested (false killer whale and long-finned pilot whale), 
take is less than one percent of the entire populations; therefore, the 
proposed site characterization surveys will not have population-level 
effects, and we do not expect them to impact annual rates of 
recruitment or survival.
    The proposed mitigation measures are expected to reduce the number 
and/or severity of takes by (1) giving animals the opportunity to move 
away from the sound source before HRG survey equipment reaches full 
energy; (2) reducing the intensity of exposure within a certain 
distance by reducing the DP thruster power; and (3) preventing animals 
from being exposed to sound levels that may cause injury. Additional 
vessel strike avoidance requirements will further mitigate potential 
impacts to marine mammals during vessel transit to and within the Study 
Area.
    DWW did not request, and NMFS is not proposing, take of marine 
mammals by serious injury or mortality. NMFS expects that most takes 
would be in the form of a very small number of potential PTS takes, 
which would be expected to be of a small degree, and short-term Level B 
behavioral harassment in the form of brief startling reaction and/or 
temporary avoidance of the area or decreased foraging (if such activity 
were occurring)--reactions that are considered to be of low severity 
and with no lasting biological consequences (e.g., Southall et al., 
2007). This is largely due to the short time scale of the proposed 
activities, the low source levels and intermittent nature of many of 
the technologies proposed to be used, as well as the required 
mitigation.
    NMFS concludes that exposures to marine mammal species and stocks 
due to DWW's HRG and geotechnical survey activities would result in 
only short-term and relatively infrequent effects to individuals 
exposed and not of the type or severity that would be expected to be 
additive for the small portion of the stocks and species likely to be 
exposed. NMFS does not anticipate the proposed take estimates to impact 
annual rates of recruitment or survival, because although animals may 
temporarily avoid the immediate area, they are not expected to 
permanently abandon the area. Additionally, major shifts in habitat 
use, distribution, or foraging success, are not expected.
    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 monitoring and 
mitigation 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 Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of the relevant 
species or stock size in our determination of whether an authorization 
is limited to small numbers of marine mammals.

               Table 9--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
----------------------------------------------------------------------------------------------------------------
                                                 Requested        Requested                       Percentage of
                                                Level B take     Level A take        Stock            stock
                   Species                     authorization    authorization      abundance       potentially
                                                   (no.)            (no.)           estimate         affected
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale (Eubalaena                     108                0              440            24.55
 glacialis).................................
Fin Whale (Balaenoptera physalus)...........               75                0            1,618             4.64
Sei whale (Balaenoptera borealis)...........                3                0              357             0.84
Humpback whale (Megaptera novaeangliae).....               54                0              823             6.56
Minke whale (Balaenoptera acutorostrata)....               16                0            2,591             0.62
Sperm whale (Physeter macrocephalus)........                3                0            2,288             0.13
False killer whale (Pseudorca crassidens)...                3                0              442             0.68
Cuvier's beaked whale (Ziphius cavirostris).                7                0            6,532             0.11
Long-finned pilot whale (Globicephala melas)               54                0            5,636             0.96
Atlantic white-sided dolphin (Lagenorhynchus              527                0           48,819             1.08
 acutus)....................................
White-beaked dolphin (Lagenorhynhcus                        3                0            2,003             0.15
 albirostris)...............................
Short beaked common Dolphin (Delphinus                  1,469                0           70,184             2.09
 delphis)...................................
Atlantic spotted dolphin (Stenella                          2                0           44,715           0.0045
 frontalis).................................
Striped dolphin (Stenella coruleoalba)......                1                0           54,807           0.0018
Bottlenose Dolphin (Tursiops truncatus).....              422                0           77,532             0.54
Harbor Porpoise (Phocoena phocoena).........             1219                6           79,883             1.53
Harbor Seal\1\ (Phoca vitulina).............           11,423                8           75,834            15.07
Gray seal (Halichoerus grypus)..............             1325                1          505,000             0.26
----------------------------------------------------------------------------------------------------------------

    The requested takes proposed to be authorized for the HRG and 
geotechnical surveys represent less than one percent for 11 stocks (sei 
whale, minke whale, sperm whale, false killer whale, Cuvier's beaked 
whale, long-finned pilot whale, white-beaked dolphin, Atlantic spotted 
dolphin, striped dolphin, bottlenose dolphin, and gray seal); 1.08 
percent for Atlantic white-sided dolphin; 1.53 percent for harbor 
porpoise; 2.09 percent for short-beaked common dolphin; 4.64 percent 
for fin whale; 6.56 percent for humpback whale; and 15.07 percent for 
harbor seal (Table 9). Just under 25 percent of the North Atlantic 
right whale stock has calculated take proposed; however, this is for 
the entire duration of the project activities (mid-June through 
December), and while this stock of right whales may be present in very 
low numbers in the winter months (November and December) in this area,

[[Page 22274]]

most animals have moved off the feeding grounds and have moved to the 
breeding grounds during this time. We do not expect a large number of 
right whales to be in the area for nearly one third of the project 
duration. Only repeated takes of some individuals are likely and this 
is an overestimate of the number of individual right whales that may 
actually be impacted by project activities. However, we analyzed the 
potential for take of 25% of the individual right whales in the context 
of the anticipated effects described previously.
    These take estimates represent the percentage of each species or 
stock that could be taken by Level B behavioral harassment and are 
small numbers relative to the affected species or stock sizes. Further, 
the proposed take numbers represent the instances of take and are the 
maximum numbers of individual animals that are expected to be harassed 
during the project; it is possible that some exposures may occur to the 
same individual.
    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

    Issuance of an MMPA authorization requires compliance with the ESA. 
Within the project area, fin, humpback, and North Atlantic right whale 
are listed as endangered under the ESA. Under section 7 of the ESA, 
BOEM consulted with NMFS on commercial wind lease issuance and site 
assessment activities on the Atlantic Outer Continental Shelf in 
Massachusetts, Rhode Island, New York and New Jersey Wind Energy Areas. 
NOAA's GARFO issued a Biological Opinion concluding that these 
activities 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 can be found online at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. NMFS is also 
consulting internally on the issuance of an IHA under section 
101(a)(5)(D) of the MMPA for this activity. Following issuance of the 
DWW's IHA, the Biological Opinion may be amended to include an 
incidental take exemption for these marine mammal species, as 
appropriate.

National Environmental Policy Act (NEPA)

    NMFS is preparing an Environmental Assessment (EA) in accordance 
with the National Environmental Policy Act (NEPA) and will consider 
comments submitted in response to this notice as part of that process. 
The EA will be posted at http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm once it is finalized.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to DWW for conducting HRG survey activities and use of a 
vibracore system and DP vessel thrusters during geotechnical survey 
activities from June 2017 through May 2018, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated. This section contains a draft of the IHA itself. The 
wording contained in this section is proposed for inclusion in the IHA 
(if issued).
    Deepwater Wind, LLC (DWW) is hereby authorized under section 
101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 
1371(a)(5)(D)) and 50 CFR 216.107, to harass marine mammals incidental 
to high-resolution geophysical (HRG) and geotechnical survey 
investigations associated with marine site characterization activities 
off the coast of New York in the area of the Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS-A 0486) (the Lease Area) and along potential 
submarine cable routes to a landfall location in Easthampton, New York 
(Submarine Cable Corridor) (collectively, the Lease Area and Submarine 
Cable Corridor are the Project Area).
    1. This Authorization is valid from June 15, 2017, through June 14, 
2018.
    2. This Authorization is valid only for HRG and geotechnical survey 
investigations associated with marine site characterization activities 
as described in the Incidental Harassment Authorization (IHA) 
application.
    3. The holder of this authorization (Holder) is hereby authorized 
to take the species listed in Table 1 incidental to HRG and 
geotechnical survey activities using sub-bottom profilers, vibracores, 
and dynamic positioning (DP) vessel thruster use during geotechnical 
activities.
    4. The taking of any marine mammal in a manner prohibited under 
this IHA must be reported immediately to NMFS Greater Atlantic Regional 
Fisheries Office (GARFO), and NMFS Office of Protected Resources.
    5. The Holder or designees must notify NMFS' GARFO and Office of 
Protected Resources at least 24 hours prior to the seasonal 
commencement of the specified activity.
    6. The holder of this Authorization must notify the Chief of the 
Permits and Conservation Division, Office of Protected Resources, or 
her designee at least 24 hours prior to the start of survey activities 
(unless constrained by the date of issuance of this Authorization in 
which case notification shall be made as soon as possible) at 301-427-
8401 or to [email protected].
    7. Mitigation Requirements: The Holder is required to abide by the 
following mitigation conditions listed in 7(a)-(f). Failure to comply 
with these conditions may result in the modification, suspension, or 
revocation of this IHA.
    (a) Marine Mammal Exclusion Zones: Protected species observers 
(PSOs) shall monitor the following zones for the presence of marine 
mammals:
     A 200-m exclusion zone during HRG surveys is in operation.
     A 400-m monitoring zone during the use of sparker systems.
     At all times, the vessel operator shall maintain a 
separation distance of 500 m from any sighted North Atlantic right 
whale as stipulated in the Vessel Strike Avoidance procedures described 
below.
    Visual monitoring of the established exclusion zone(s) shall be 
performed by qualified and NMFS-approved protected species observers 
(PSOs). An observer team comprising a minimum of four NMFS-approved 
PSOs and two certified Passive Acoustic Monitoring (PAM) operators, 
operating in shifts, shall be stationed aboard either the survey vessel 
or a dedicated PSO-vessel. PSOs shall be equipped with binoculars and 
have the ability to estimate distances to marine mammals located in 
proximity to the vessel and/or exclusion zone using range finders. 
Reticulated binoculars will also be available to PSOs for use as 
appropriate based on conditions and visibility to support the siting 
and monitoring of marine species. During night operations, PAM (see 
Passive Acoustic Monitoring requirements below) and night-vision 
equipment in combination with infrared

[[Page 22275]]

video monitoring shall be used. The PSOs shall begin observation of the 
exclusion zone(s) at least 60 minutes prior to ramp-up of HRG survey 
equipment. Use of noise-producing equipment shall not begin until the 
exclusion zone is clear of all marine mammals for at least 60 minutes. 
If a marine mammal is seen approaching or entering the 200-m or 400-m 
exclusion zones, the vessel operator shall adhere to the shutdown/
powerdown procedures described below to minimize noise impacts on the 
animals.
    (b) Ramp-Up: A ramp-up procedure shall be used for HRG survey 
equipment capable of adjusting energy levels at the start or re-start 
of HRG survey activities. The ramp-up procedure shall not be initiated 
during daytime, nighttime, or periods of inclement weather if the 
exclusion zone cannot be adequately monitored by the PSOs using the 
appropriate visual technology (e.g., reticulated binoculars, night 
vision equipment) and/or PAM for a 60-minute period. A ramp-up shall 
begin with the power of the smallest acoustic HRG equipment at its 
lowest practical power output appropriate for the survey. The power 
shall then be gradually turned up and other acoustic sources added such 
that the source level would increase in steps not exceeding 6 dB per 5-
minute period. If a marine mammal is sighted within the HRG survey 
exclusion zone prior to or during the ramp-up, activities shall be 
delayed until the animal(s) has moved outside the monitoring zone and 
no marine mammals are sighted for a period of 60 minutes.
    (c) Shutdown and Powerdown
    HRG Survey--The exclusion zone(s) around the noise-producing 
activities HRG survey equipment will be monitored, as previously 
described, by PSOs and at night by PAM operators for the presence of 
marine mammals before, during, and after any noise-producing activity. 
The vessel operator must comply immediately with any call for shutdown 
by the Lead PSO. If a non-delphinoid cetacean (i.e., mysticetes and 
sperm whales) is detected at or within the established exclusion zone 
(200-m exclusion zone during HRG surveys; 400-m exclusion zone during 
use of the sparker system), an immediate shutdown of the HRG survey 
equipment is required. Subsequent restart of the electromechanical 
survey equipment must use the ramp-up procedures described above and 
may only occur following clearance of the exclusion zone for 60 
minutes. If a delphinoid cetacean or pinniped is detected at or within 
the exclusion zone, the HRG survey equipment must be powered down to 
the lowest power output that is technically feasible. Subsequent power 
up of the survey equipment must use the ramp-up procedures described 
above and may occur after (1) the exclusion zone is clear of a 
delphinoid cetacean and/or pinniped for 60 minutes or (2) a 
determination by the PSO after a minimum of 10 minutes of observation 
that the delphinoid cetacean or pinniped is approaching the vessel or 
towed equipment at a speed and vector that indicates voluntary approach 
to bow-ride or chase towed equipment. If the HRG sound source shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment is 
required using the full ramp-up procedures and clearance of the 
exclusion zone of all cetaceans and pinnipeds for 60 minutes. If the 
pause is less than 20 minutes, the equipment may be restarted as soon 
as practicable at its operational level as long as visual surveys were 
continued diligently throughout the silent period and the exclusion 
zone remained clear of cetaceans and pinnipeds. If the visual surveys 
were not continued diligently during the pause of 20 minutes or less, a 
restart of the HRG survey equipment is required using the full ramp-up 
procedures and clearance of the exclusion zone for all cetaceans and 
pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities if marine mammals enter or approach the established 120 dB 
isopleth monitoring zone, DWW shall reduce DP thruster to the maximum 
extent possible, except under circumstances when reducing DP thruster 
use would compromise safety (both human health and environmental) and/
or the integrity of the equipment. After decreasing thruster energy, 
PSOs shall continue to monitor marine mammal behavior and determine if 
the animal(s) is moving towards or away from the established monitoring 
zone. If the animal(s) continues to move towards the sound source then 
DP thruster use shall remain at the reduced level. Normal use shall 
resume when PSOs report that the marine mammals have moved away from 
and remained clear of the monitoring zone for a minimum of 60 minutes 
since the last sighting.
    (d) Vessel Strike Avoidance: The Holder shall ensure that vessel 
operators and crew maintain a vigilant watch for cetaceans and 
pinnipeds and slow down or stop their vessels to avoid striking these 
protected species. Survey vessel crew members responsible for 
navigation duties shall receive site-specific training on marine mammal 
sighting/reporting and vessel strike avoidance measures. Vessel strike 
avoidance measures shall include the following, except under 
extraordinary circumstances when complying with these requirements 
would put the safety of the vessel or crew at risk:
     All vessel operators shall comply with 10 knot (<18.5 km 
per hour (km/h)) speed restrictions in any Dynamic Management Area 
(DMA). In addition, all vessels operating from November 1 through July 
31 shall operate at speeds of 10 knots (<18.5 km/h) or less.
     All survey vessels shall maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines shall not be engaged until the North 
Atlantic right whale has moved outside of the vessel's path and beyond 
100 m. If stationary, the vessel must not engage engines until the 
North Atlantic right whale has moved beyond 100 m.
     All vessels shall maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid cetacean (i.e., mysticetes 
and sperm whales). If sighted, the vessel underway must reduce speed 
and shift the engine to neutral, and must not engage the engines until 
the non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel shall not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels shall maintain a separation distance of 50 m 
or greater from any sighted delphinoid cetacean. Any vessel underway 
shall remain parallel to a sighted delphinoid cetacean's course 
whenever possible, and avoid excessive speed or abrupt changes in 
direction. Any vessel underway shall reduce vessel speed to 10 knots or 
less when pods (including mother/calf pairs) or large assemblages of 
delphinoid cetaceans are observed. Vessels may not adjust course and 
speed until the delphinoid cetaceans have moved beyond 50 m and/or 
abeam of the underway vessel.

[[Page 22276]]

     All vessels shall maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    (e) Seasonal Operating Requirements: Between watch shifts members 
of the monitoring team shall consult the NMFS North Atlantic right 
whale reporting systems for the presence of North Atlantic right whales 
throughout survey operations. The proposed survey activities shall 
occur outside of the seasonal management area (SMA) located off the 
coast of New Jersey and Delaware and outside of the seasonal mandatory 
speed restriction period for this SMA (November 1 through April 30). 
Throughout all survey operations, the Holder shall monitor the NMFS 
North Atlantic right whale reporting systems for the establishment of a 
DMA. If NMFS should establish a DMA in the Lease Area under survey, 
within 24 hours of the establishment of the DMA the Holder shall work 
with NMFS to shut down and/or alter the survey activities to avoid the 
DMA.
    (f) Passive Acoustic Monitoring: To support 24-hour survey 
operations, the Holder shall include PAM as part of the project 
monitoring during the geophysical survey during nighttime operations, 
or as needed during periods when visual observations may be impaired.
    The PAM system shall consist of an array of hydrophones with both 
broadband (sampling mid-range frequencies of 2 kHz to 200 kHz) and at 
least one low-frequency hydrophone (sampling range frequencies of 75 Hz 
to 30 kHz). The PAM operator(s) shall monitor the hydrophone signals in 
real time both aurally (using headphones) and visually (via the monitor 
screen displays). PAM operators shall communicate detections/
vocalizations to the Lead PSO on duty who shall ensure the 
implementation of the appropriate mitigation measure.
    8. Monitoring Requirements: The Holder is required to abide by the 
following monitoring conditions listed in 8(a)-(b). Failure to comply 
with these conditions may result in the modification, suspension, or 
revocation of this IHA.
    (a) Visual Monitoring--Protected species observers (refer to the 
PSO qualifications and requirements for Marine Mammal Exclusion Zones 
above) shall visually monitor the established Level B harassment zones 
(400-m radius during sparker use and 200-m radius during all other HRG 
and geotechnical surveys). The observers shall be stationed on the 
highest available vantage point on the associated operating platform. 
PSOs shall estimate distance to marine mammals visually, using laser 
range finders or by using reticulated binoculars during daylight hours. 
During night operations, PSOs shall use night-vision binoculars and 
infrared technology. Data on all PSO observations will be recorded 
based on standard PSO collection requirements. This will include dates 
and locations of survey operations; time of observation, location and 
weather; details of the sightings (e.g., species, age classification 
(if known), numbers, behavior); and details of any observed ``taking'' 
(behavioral disturbances or injury/mortality). In addition, prior to 
initiation of survey work, all crew members will undergo environmental 
training, a component of which will focus on the procedures for 
sighting and protection of marine mammals
    (b) Acoustic Field Verification--Field verification of the 
exclusion/monitoring zones shall be conducted to determine whether the 
proposed zones correspond accurately to the relevant isopleths and are 
adequate to minimize impacts to marine mammals. The Holder shall 
conduct field verification of the exclusion/monitoring zone (the 160 dB 
isolpleth) for HRG survey equipment and the monitoring/powerdown zone 
(the 120 dB isopleth) for DP thruster use for all equipment operating 
below 200 kHz. The Holder shall take acoustic measurements at a minimum 
of two reference locations and in a manner that is sufficient to 
establish source level (peak at 1 meter) and distance to the 160 dB 
isopleths (the B harassment zones for HRG surveys) and 120 dB isopleth 
(the Level B harassment zone) for DP thruster use. Sound measurements 
shall be taken at the reference locations at two depths (i.e., a depth 
at mid-water and a depth at approximately 1 meter (3.28 ft) above the 
seafloor). The Holder may use the results from its field-verification 
efforts to request modification of the exclusion/monitoring zones for 
the HRG or geotechnical surveys. Any new exclusion/monitoring zone 
radius proposed by the Holder shall be based on the most conservative 
measurements (i.e., the largest safety zone configuration) of the 
target Level A or Level B harassment acoustic threshold zones. The 
modified zone shall be used for all subsequent use of field-verified 
equipment. The Holder shall obtain approval from NMFS and BOEM of any 
new exclusion/monitoring zone before it may be implemented and the IHA 
shall be modified accordingly.
    9. Reporting Requirements: The Holder shall provide the following 
reports as necessary during survey activities:
    (a) The Holder shall contact NMFS (301-427-8401) and BOEM (703-787-
1300) within 24 hours of the commencement of survey activities and 
again within 24 hours of the completion of the activity.
    (b) Any observed significant behavioral reactions (e.g., animals 
departing the area) or injury or mortality to any marine mammals shall 
be reported to NMFS and BOEM within 24 hours of observation. Dead or 
injured protected species shall be reported to the NMFS GARFO Stranding 
Hotline (800-900-3622) within 24 hours of sighting, regardless of 
whether the injury is caused by a vessel. In addition, if the injury of 
death was caused by a collision with a project related vessel, the 
Holder shall ensure that NMFS and BOEM are notified of the strike 
within 24 hours. The Holder shall use the form included as Appendix A 
to Addendum C of the Lease to report the sighting or incident. If the 
Holder is responsible for the injury or death, the vessel must assist 
with any salvage effort as requested by NMFS.
    Additional reporting requirements for injured or dead animals are 
described below (Notification of Injured or Dead Marine Mammals).
    (c) Notification of Injured or Dead Marine Mammals
    (i) In the unanticipated event that the specified HRG and 
geotechnical survey activities lead to an injury of a marine mammal 
(Level A harassment) or mortality (e.g., ship-strike, gear interaction, 
and/or entanglement), the Holder shall immediately cease the specified 
activities and report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, 301-427-8401, and 
the NOAA GARFO Stranding Coordinator, 978-281-9300. The report shall 
include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities shall not resume until NMFS is able to review the

[[Page 22277]]

circumstances of the event. NMFS would work with the Holder to minimize 
reoccurrence of such an event in the future. The Holder shall not 
resume activities until notified by NMFS.
    (ii) In the event that the Holder discovers an injured or dead 
marine mammal and determines that the cause of the injury or death is 
unknown and the death is relatively recent (i.e., in less than a 
moderate state of decomposition), the Holder shall immediately report 
the incident to the Chief of the Permits and Conservation Division, 
Office of Protected Resources, 301-427-8401, and the GARFO Stranding 
Coordinator, 978-281-9300. The report shall include the same 
information identified in the paragraph above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with the Holder to determine if modifications in the 
activities are appropriate.
    (iii) In the event that the Holder discovers an injured or dead 
marine mammal and determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the Holder shall report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, 301-427-8401, and the NMFS GARFO Regional 
Stranding Coordinator, 978-281-9300, within 24 hours of the discovery. 
The Holder shall provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting.
    (d) Within 90 days after completion of the marine site 
characterization survey activities, a technical report shall be 
provided to NMFS and BOEM that fully documents the methods and 
monitoring protocols, summarizes the data recorded during monitoring, 
estimates the number of marine mammals that may have been taken during 
survey activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
shall be addressed in the final report prior to acceptance by NMFS.
    (e) In addition to the Holder's reporting requirements outlined 
above, the Holder shall provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This shall be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.
    10. This Authorization may be modified, suspended, or withdrawn if 
the Holder fails to abide by the conditions prescribed herein or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.
    11. A copy of this Authorization and the Incidental Take Statement 
must be in the possession of each vessel operator taking marine mammals 
under the authority of this Incidental Harassment Authorization.
    12. The Holder is required to comply with the Terms and Conditions 
of the Incidental Take Statement corresponding to NMFS' Biological 
Opinion.

                          Table 1--Species for Which Take Is Proposed To Be Authorized
----------------------------------------------------------------------------------------------------------------
                                                                  Requested        Requested      Percentage of
                                                                 Level B take     Level A take        stock
                           Species                              authorization    authorization     potentially
                                                                    (no.)            (no.)           affected
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale (Eubalaena glacialis).............              108                0            24.55
Fin Whale (Balaenoptera physalus)............................               75                0             4.64
Sei whale....................................................                3                0             0.84
Humpback whale (Megaptera novaeangliae)......................               54                0             6.56
Minke whale..................................................               16                0             0.62
Sperm whale (Physeter macrocephalus).........................                3                0             0.13
False killer whale (Pseudorca crassidens)....................                3                0             0.68
Cuvier's beaked whale........................................                7                0             0.11
Long-finned pilot whale (Globicephala melas).................               54                0             0.96
Atlantic white-sided dolphin.................................              527                0             1.08
White-beaked dolphin.........................................                3                0             0.15
Short beaked common Dolphin (Delphinus delphis)..............            1,469                0             2.09
Atlantic spotted dolphin (Stenella frontalis)................                2                0           0.0045
Striped dolphin (Stenella coruleoalba).......................                1                0           0.0018
Bottlenose Dolphin (Tursiops truncatus)......................              422                0             0.54
Harbor Porpoise (Phocoena phocoena)..........................             1219                6             1.53
Harbor Seal \1\ (Phoca vitulina).............................           11,423                8            15.07
Gray seal (Halichoerus grypus)...............................             1325                1             0.27
----------------------------------------------------------------------------------------------------------------

Request for Public Comments

    NMFS requests comment on our analysis, the draft authorization, and 
any other aspect of the Notice of Proposed IHA for DWW's proposed HRG 
and geotechnical survey investigations associated with marine site 
characterization activities off the coast of New York in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0486) and along 
potential submarine cable routes to a landfall location in Easthampton, 
New York. Please include with your comments any supporting data or 
literature citations to help inform our final decision on DWW's request 
for an MMPA authorization.

    Dated: May 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09706 Filed 5-10-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                   22250                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   DEPARTMENT OF COMMERCE                                  and will generally be posted to the                   101(a)(5)(D), NMFS may authorize
                                                                                                           Internet at www.nmfs.noaa.gov/pr/                     incidental taking by harassment only
                                                   National Oceanic and Atmospheric                        permits/incidental/energy_other.htm                   (i.e., no serious injury or mortality), for
                                                   Administration                                          without change. All personal identifying              periods of not more than one year,
                                                                                                           information (e.g., name, address)                     pursuant to requirements and
                                                   RIN 0648–XF119
                                                                                                           voluntarily submitted by the commenter                conditions contained within an
                                                   Takes of Marine Mammals Incidental to                   may be publicly accessible. Do not                    Incidental Harassment Authorization
                                                   Specified Activities; Taking Marine                     submit confidential business                          (IHA). The promulgation of regulations
                                                   Mammals Incidental to Site                              information or otherwise sensitive or                 or issuance of IHAs (with their
                                                   Characterization Surveys Off the Coast                  protected information.                                associated mitigation, monitoring, and
                                                   of New York                                             FOR FURTHER INFORMATION CONTACT:                      reporting) requires notice and
                                                                                                           Laura McCue, Office of Protected                      opportunity for public comment.
                                                   AGENCY:  National Marine Fisheries                      Resources, NMFS, (301) 427–8401.                         NMFS has defined ‘‘negligible
                                                   Service (NMFS), National Oceanic and                    Electronic copies of the applications                 impact’’ in 50 CFR 216.103 as an impact
                                                   Atmospheric Administration (NOAA),                      and supporting documents, as well as a                resulting from the specified activity that
                                                   Commerce.                                               list of the references cited in this                  cannot be reasonably expected to, and is
                                                   ACTION: Notice; proposed incidental                     document, may be obtained by visiting                 not reasonably likely to, we adversely
                                                   harassment authorization; request for                   the Internet at: www.nmfs.noaa.gov/pr/                affect the species or stock through
                                                   comments.                                               permits/incidental/energy_other.htm. In               effects on annual rates of recruitment or
                                                                                                           case of problems accessing these                      survival.
                                                   SUMMARY:    NMFS has received an                                                                                 Except with respect to certain
                                                                                                           documents, please call the contact listed
                                                   application from Deepwater Wind, LLC,                                                                         activities not pertinent here, section
                                                                                                           above.
                                                   (DWW) for an Incidental Harassment                                                                            3(18) of the MMPA defines
                                                                                                           SUPPLEMENTARY INFORMATION:                            ‘‘harassment’’ as: Any act of pursuit,
                                                   Authorization (IHA) to take marine
                                                   mammals, by harassment, incidental to                   Background                                            torment, or annoyance which (i) has the
                                                   high-resolution geophysical (HRG) and                                                                         potential to injure a marine mammal or
                                                                                                              Sections 101(a)(5)(A) and (D) of the               marine mammal stock in the wild (Level
                                                   geotechnical survey investigations                      MMPA (16 U.S.C. 1361 et seq.) direct
                                                   associated with marine site                                                                                   A harassment); or (ii) has the potential
                                                                                                           the Secretary of Commerce to allow,                   to disturb a marine mammal or marine
                                                   characterization activities off the coast               upon request by U.S. citizens who
                                                   of New York in the area of the                                                                                mammal stock in the wild by causing
                                                                                                           engage in a specified activity (other than            disruption of behavioral patterns,
                                                   Commercial Lease of Submerged Lands                     commercial fishing) within a specified
                                                   for Renewable Energy Development on                                                                           including, but not limited to, migration,
                                                                                                           geographical area, the incidental, but                breathing, nursing, breeding, feeding, or
                                                   the Outer Continental Shelf (OCS–A                      not intentional, taking of small numbers
                                                   0486) (Lease Area) and along potential                                                                        sheltering (Level B harassment).
                                                                                                           of marine mammals provided that
                                                   submarine cable routes to a landfall                    certain findings are made and the                     Summary of Request
                                                   location in Easthampton, New York                       necessary prescriptions are established.                 On December 1, 2016, NMFS received
                                                   (‘‘Submarine Cable Corridor’’)                             The incidental taking of small                     an application from DWW for the taking
                                                   (collectively the Lease Area and                        numbers of marine mammals shall be                    of marine mammals incidental to Spring
                                                   Submarine Cable Corridor are the                        allowed if NMFS (through authority                    2017 geophysical survey investigations
                                                   Project Area). Pursuant to the Marine                   delegated by the Secretary) finds that                in the area of the Commercial Lease of
                                                   Mammal Protection Act (MMPA), NMFS                      the total taking by the specified activity            Submerged Lands for Renewable Energy
                                                   is requesting comments on its proposal                  during the specified time period will (i)             Development on the Outer Continental
                                                   to issue an IHA to DWW to incidentally                  have a negligible impact on the species               Shelf (OCS) lease area #OCS–A–0486
                                                   take marine mammals during the                          or stock(s) and (ii) not have an                      Lease Area and along potential
                                                   specified activities.                                   unmitigable adverse impact on the                     submarine cable routes to a landfall
                                                   DATES: Comments and information must                    availability of the species or stock(s) for           location in Easthampton, New York
                                                   be received no later than June 12, 2017.                subsistence uses (where relevant).                    (Project Area) designated and offered by
                                                   ADDRESSES: Comments on DWW’s IHA                        Further, the permissible methods of                   the U.S. Bureau of Ocean Energy
                                                   application should be addressed to Jolie                taking, as well as the other means of                 Management (BOEM), to support the
                                                   Harrison, Chief, Permits and                            effecting the least practicable adverse               development of an offshore wind
                                                   Conservation Division, Office of                        impact on the species or stock and its                project. DWW’s request was for
                                                   Protected Resources, National Marine                    habitat (i.e., mitigation) must be                    harassment only, and NMFS concurs
                                                   Fisheries Service, 1315 East-West                       prescribed. Last, requirements                        that mortality is not expected to result
                                                   Highway, Silver Spring, MD 20910. The                   pertaining to the monitoring and                      from this activity, and an IHA is
                                                   mailbox address for providing email                     reporting of such taking must be set                  appropriate. NMFS determined that the
                                                   comments is itp.mccue@noaa.gov.                         forth.                                                application was adequate and complete
                                                      Instructions: NMFS is not responsible                   Where there is the potential for                   on April 27, 2017.
                                                   for comments sent by any other method,                  serious injury or death, the allowance of                The proposed geophysical survey
                                                   to any other address or individual, or                  incidental taking requires promulgation               activities would occur for 168 days
                                                   received after the end of the comment                   of regulations under section                          beginning in June 2017, and
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                                                   period. Comments received                               101(a)(5)(A). Subsequently, a Letter (or              geotechnical survey activities would
                                                   electronically, including all                           Letters) of Authorization may be issued               take place in June 2017 and last for
                                                   attachments, must not exceed a 25-                      as governed by the prescriptions                      approximately 75 days. The following
                                                   megabyte file size. Attachments to                      established in such regulations,                      specific aspects of the proposed
                                                   electronic comments will be accepted in                 provided that the level of taking will be             activities are likely to result in the take
                                                   Microsoft Word or Excel or Adobe PDF                    consistent with the findings made for                 of marine mammals: Shallow and
                                                   file formats only. All comments                         the total taking allowable under the                  medium-penetration sub-bottom profiler
                                                   received are a part of the public record                specific regulations. Under section                   (chirper, boomer, and sparker) used


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                                                                                           Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                                 22251

                                                   during the HRG survey, and vibracore                              Specified Geographic Region                               • Marine magnetometer for the
                                                   and dynamically-positioned (DP) vessel                               DWW’s survey activities will occur in                detection and mapping of all sizes of
                                                   thruster used in support of geotechnical                          the approximately 97,498-acre Lease                     ferrous objects, including anchors,
                                                   survey activities. Take, by Level B                               Area designated and offered by BOEM.                    chains, cables, pipelines, ballast stone
                                                   Harassment only of individuals of 18                              The Lease Area falls within the Rhode                   and other scattered shipwreck debris,
                                                   species of marine mammals and take by                             Island Massachusetts Wind Energy Area                   munitions of all sizes (UXO), aircraft,
                                                   Level A harassment of 3 species is                                (RI–MA WEA; Figure 1 of the IHA                         engines and any other object with
                                                   anticipated to result from the specified                          application) with water depths ranging                  magnetic expression.
                                                   activities. No serious injury or mortality                        from 31–45 meters (m) (102–148 feet                       The HRG surveys are scheduled to
                                                   is expected from DWW’s HRG and                                    (ft)).                                                  begin, in June, 2017. Table 1 identifies
                                                   geotechnical surveys.                                             Detailed Description of the Specified                   the representative survey equipment
                                                   Description of the Specified Activity                             Activities                                              that is being considered in support of
                                                                                                                     High-Resolution Geophysical (HRG)                       the HRG survey activities. The make
                                                   Overview                                                                                                                  and model of the listed HRG equipment
                                                                                                                     Survey Activities
                                                     DWW proposes to conduct a                                                                                               will vary depending on availability but
                                                                                                                        Marine site characterization surveys                 will be finalized as part of the survey
                                                   geophysical and geotechnical survey in                            will include the following HRG survey
                                                   the Project Area to support the                                                                                           preparations and contract negotiations
                                                                                                                     activities:
                                                   characterization of the existing seabed                              • Depth sounding (multibeam depth                    with the survey contractor. The final
                                                   and subsurface geological conditions in                           sounder) to determine water depths and                  selection of the survey equipment will
                                                   the Project Area. Surveys will include                            general bottom topography;                              be confirmed prior to the start of the
                                                   the use of the following equipment:                                  • Seafloor imaging (sidescan sonar                   HRG survey program. Only the make
                                                   Multi-beam depth sounder, side-scan                               survey) to classify seabed sediment, and                and model of the HRG equipment may
                                                   sonar, sub-bottom profiler, vibracores,                           to identify natural (e.g. hard bottom                   change, not the types of equipment or
                                                   and cone penetration tests (CPTs).                                substrate) and man-made acoustic                        the addition of equipment with
                                                                                                                     targets (e.g. archeological or cultural                 characteristics that might have effects
                                                   Dates and Duration                                                objects) resting on the bottom as well as               beyond (i.e., resulting in larger
                                                                                                                     any anomalous natural seafloor features;                ensonified areas) those considered in
                                                     HRG surveys are anticipated to                                     • Shallow penetration sub-bottom                     this proposed IHA. None of the
                                                   commence in June 2017 and will last for                           profiler (chirp) to map the near surface                proposed HRG survey activities will
                                                   approximately 168 days, including                                 stratigraphy (top 0–5 meter (m) soils                   result in the disturbance of bottom
                                                   estimated weather down time.                                      below seabed);                                          habitat in the Project Area; however, the
                                                   Geotechnical surveys requiring the use                               • Medium penetration sub-bottom
                                                                                                                                                                             geotechnical surveys may temporarily
                                                   of the DP drill ship will take place in                           profiler (boomer) to map deeper
                                                                                                                                                                             disrupt the bottom habitat during
                                                   June 2017, at the earliest, and will last                         subsurface stratigraphy as needed (soils
                                                                                                                                                                             vibracoring or CPTs. The impacts to the
                                                   for approximately 75 days excluding                               down to 75–100 m below seabed;
                                                                                                                        • Medium penetration sub-bottom                      impact are expected to be negligible (see
                                                   weather downtime. Equipment is                                                                                            Potential Effects of the Specified
                                                   expected run continuously for 24 hours                            profiler (sparker) to map deeper
                                                                                                                     subsurface stratigraphy as needed (soils                Activity on Marine Mammals and their
                                                   per day.                                                                                                                  Habitat section).
                                                                                                                     down to 75–100 m below seabed); and
                                                                TABLE 1—SUMMARY OF REPRESENTATIVE DWW GEOPHYSICAL AND GEOTECHNICAL SURVEY EQUIPMENT
                                                                                                                                                                                           Beam width
                                                                     Equipment                           Operating frequencies              Source level          Source depth                                        Pulse duration
                                                                                                                                                                                            (degrees)

                                                                                                                                Multibeam Depth Sounding

                                                   Reson SeaBat 7125 Multibeam                           200 kHz or 400 kHz ..           220 dBRMS ..........   4m below surface      0.5° beam by 128°             0.03 to 0.3 milli-
                                                     Echosounder.                                                                                                                       coverage.                     seconds (ms).
                                                   Reson      Multibeam       Echosounder                200 kHz or 400 kHz ..           221 dBRMS ..........   1 meter below         128° .....................    30–300 μs.
                                                     (7125). 1                                                                                                    surface.
                                                   RESON 7000 1 ...................................      200 & 400 kHz ..........        162 dBRMS ..........   2–5m below sur-       140° .....................    0.33 ms.
                                                                                                                                                                  face.
                                                   R2SONIC ...........................................   200 & 400 kHz ..........        162 dBRMS ..........   1 meter below         1°’28 .....................   0.11 ms.
                                                                                                                                                                  surface.

                                                                                                                          Shallow Sub-bottom Profiling (chirp)

                                                   Teledyne Benthos Chirp III Sub-bot-                   2–7 kHz .....................   217 dBRMS ..........   4m below surface      45° .......................   0.2 ms.
                                                     tom Profiler.
                                                   EdgeTech      Full-Spectrum  (Chirp)                  2–16 kHz ...................    140–180 dB             0.5–1 meter dis-      170° .....................    45 to 120 ms.
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                                                     Ssub-bottom Profiler Equipped with                                                    (peak SPL, dB          tance from
                                                     a SB216 Tow Vehicle.                                                                  re 1μPa).              transducer.

                                                                                                               Medium Penetration Sub-bottom Profiling (boomer)

                                                   Applied Acoustics (Fugro provided                     0.1–10 kHz ................     175 dBRMS ..........   1–2m below sur-       60° .......................   58 ms.
                                                     specs for Fugro boomer).                                                                                     face.




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                                                   22252                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                      TABLE 1—SUMMARY OF REPRESENTATIVE DWW GEOPHYSICAL AND GEOTECHNICAL SURVEY EQUIPMENT—Continued
                                                                                                                                                                                                             Beam width
                                                                     Equipment                            Operating frequencies                   Source level                Source depth                                               Pulse duration
                                                                                                                                                                                                              (degrees)

                                                   Applied Acoustics high-resolution (S-                  0.250–8 kHz ..............          222dB (re 1μPa               0.5 meter below              25°–35° ................       300–500 μs.
                                                     Boom System) medium penetration                                                            at 2 meters).                surface.
                                                     sub-bottom profiling system con-
                                                     sisting of a CSP–D 2400HV power
                                                     supply and 3-plate catamaran (600
                                                     joules/pulse).

                                                                                                                 Medium Penetration Sub-bottom Profiling (sparker)

                                                   800 Joule GeoResources Sparker ....                    0.75–2.75 kHz ...........           213 dBRMS (186               4m below surface             omni directional               0.1 to 0.2 ms.
                                                                                                                                                dBSEL for 1,000                                           360°.
                                                                                                                                                Joul *).
                                                   Applied Acoustics 100–1,000 joule                      0.03 to 1.2 kHz ..........          213 dBRMS 186                0.5–1m below                 omni directional               0.5–1.5 ms.
                                                     Dura-Spark 240 System.                                                                     dBSEL for 1,000              surface.                     360.
                                                                                                                                                Joul *.

                                                                                                                                              Side Scan Sonar

                                                   EdgeTech 4200 Dual Frequency Side                      300 kHz and 900 kHz                 215–220 dB ........          5–10m above                  horizontal 300                 300 kHz up to 12
                                                     Scan Sonar System.                                                                                                      seafloor.                    kHz: 0.5°; 900                 ms; 900 kHz up
                                                                                                                                                                                                          kHz: 0.2°                      to 3 ms.
                                                                                                                                                                                                          vertical (50°) l.
                                                   Side Scan Sonar: EdgeTech 4000 2                       410 kHz .....................       225 dBRMS ..........         5–10m above                  400 kHz: 0.4° .......          10–20 ms.
                                                     (spec provided for 4125).                                                                                               seafloor.
                                                   EdgeTech 4200 Dual Frequency side                      300 kHz; 600 kHz ......             215–220 dB ........          5–10m above                  horizontal 300                 300 kHz up to 12
                                                     scan sonar system.                                                                                                      seafloor.                    kHz: 0.5°, 600                 ms; 600 kHz up
                                                                                                                                                                                                          kHz: 0.26°                     to 5 ms.
                                                                                                                                                                                                          vertical (50°).

                                                                                                                           Magnetometer (No sound is generated)

                                                   G–882 Marine Magnetometer (self-                       N/A ............................    N/A ......................   N/A ......................   highest sensitivity N/A.
                                                     oscillating split-beam nonradio-                                                                                                                     at 0.004 nT/ÖHz.
                                                     active cesium vapor).
                                                   SeaSPY .............................................   N/A ............................    N/A ......................   N/A ......................   highest sensitivity            N/A.
                                                                                                                                                                                                          at 0.01 nT/ÖHz.

                                                                                                                                                 Vibracores

                                                   Alpine Model P pneumatic Vibracore                     Unknown ...................         Unknown .............        Seabed to 20ft               omni directional               duration of core.
                                                     System3.                                                                                                                above seabed.                360.
                                                   Vibracore Operations: HPC or                           10–20 kHz .................         185 dBRMS ..........         46 meters ............       n/a ........................   n/a.
                                                     Rossfelder Corer4.

                                                                                                                                                     CPTs

                                                   Serafloor deployed 200kN CPT Rig ..                    Unknown ...................         Unknown .............        Seabed ...............       omnidirectional                duration of CPT.
                                                                                                                                                                                                          360.
                                                   Seabed CPT ......................................      n/a .............................   n/a no effect ........       On seafloor .........        n/a ........................   n/a.

                                                                                          DP Thruster System (possible during both geophysical and geotechnical surveys)

                                                   DP Thruster/Propeller System ...........               0.1 to 10 kHz .............         150 dBRMS ..........         12 m depth .........         Unknown ..............         Unknown.
                                                      * BOEM, 2016, Table 10.


                                                      The HRG survey activities will be                                operations, the estimated duration of the                             ranges of the equipment to be used in
                                                   supported by a vessel approximately                                 survey activities would be                                            support of the HRG survey activities
                                                   100 to 200 ft in length and capable of                              approximately 168 days (including                                     (Table 1) and the hearing ranges of the
                                                   maintaining course and a survey speed                               estimated weather down time).                                         marine mammals that have the potential
                                                   of approximately two to five knots while                              Both NMFS and BOEM have advised                                     to occur in the Lease Area during survey
                                                   transiting survey lines                                                                                                                   activities (Table 3), only the shallow
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                                                                                                                       that the deployment of HRG survey
                                                      Given the size of the Lease Area                                 equipment, including the use of                                       and medium sub-bottom profilers
                                                   (160,480 acres), to minimize cost, the                              intermittent, impulsive sound-                                        (chirps, boomers, and sparkers),
                                                   duration of survey activities, and the                              producing equipment operating below                                   vibracores, and DP thruster systems fall
                                                   period of potential impact on marine                                200 kilohertz (kHz) (e.g., sub-bottom                                 within the established marine mammal
                                                   species, DWW has proposed conducting                                profilers), has the potential to cause                                hearing ranges and have the potential to
                                                   continuous HRG survey operations 24                                 acoustic harassment to marine                                         result in Level B harassment of marine
                                                   hours per day. Based on 24-hour                                     mammals. Based on the frequency                                       mammals.


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                       22253

                                                   Geotechnical Survey Activities                          coordinates in waters through the use of                  pelagic and/or northern species or are so
                                                      Marine site characterization surveys                 automatic controls. These control                         rarely sighted that their presence in the
                                                   will involve the following geotechnical                 systems use variable levels of power to                   Project Area is unlikely. Eighteen of
                                                   survey activities:                                      counter forces from current and wind.                     these species are included in the take
                                                      • Vibracores will be taken to                        Operations will take place over a 24-                     estimate for this project based on
                                                   determine the geological and                            hour period to ensure cost, the duration                  seasonal density in the Project area. The
                                                   geotechnical characteristics of the                     of survey activities, and the period of                   other 18 species are not included in the
                                                   sediments; and                                          potential impact on marine species are                    take request because they have low
                                                      • Cone Penetration Testing (CPT) will                minimized. Based on 24-hour                               densities in the Project area, are rarely
                                                   be performed to determine stratigraphy                  operations, the estimated duration of the                 sighted there, and are considered very
                                                   and in-situ conditions of the sediments.                geotechnical survey activities would be                   unlikely to occur in the area. Six marine
                                                      It is anticipated that the geotechnical              approximately 75 days excluding                           mammal species are listed under the
                                                   surveys will take place no sooner than                  weather downtime.                                         Endangered Species Act (ESA) and are
                                                   June 2017. Vibracore and CPT                               Field studies conducted off the coast                  known to be present, at least seasonally,
                                                   operations would utilize DP thrusters                   of Virginia (Tetra Tech, 2014) to                         in the waters off the Northwest Atlantic
                                                   for about 60 percent of the time while                  determine the underwater noise                            OCS: Blue whale, fin whale, humpback
                                                   holding on position and conducting the                  produced by borehole drilling and CPTs                    whale, North Atlantic right whale, sei
                                                   CPT or vibracore. Each CPT or vibracore                 confirm that these activities do not                      whale, and sperm whale, of which only
                                                   would take about 15 to 30 minutes to                    result in underwater noise levels that                    5 are included in the take request (blue
                                                   conduct. Approximately 10 vibracores                    are harmful or harassing to marine                        whales are not included). Many of these
                                                   per day or 8 CPTs per day is expected,                  mammals (i.e., do not exceed NMFS’                        species are highly migratory and do not
                                                   either one or the other (not both).                     current Level A and Level B harassment                    spend extended periods of time in a
                                                   Therefore, vibracores would run for                     thresholds for marine mammals).                           localized area. The waters off the
                                                   approximately 5 hours per day                           However, underwater noise produced                        Northwest Atlantic OC (including the
                                                   assuming 10 per day at 0.5 hr per test.                 by the thrusters associated with the DP                   Lease Area) are primarily used as a
                                                   DP thrusters would be operating                         geotechnical vessel (estimated                            stopover point for these species during
                                                   approximately 60% of the time or 3                      frequency range 0.1 to 10 kHz) that will                  seasonal movements north or south
                                                   hours per day for vibracore and 2.4                     be used to support the geotechnical                       between important feeding and breeding
                                                   hours for CPT.                                          activities has the potential to result in                 grounds.
                                                      Geotechnical surveys are anticipated                 Level B harassment (DONG 2016).                              Below is a description of the species
                                                   to be conducted from a 200-ft to 300-ft                    Proposed mitigation, monitoring, and                   that are both common in the waters of
                                                   DP vessel/drill ship or a jack up barge                 reporting measures are described in in                    the OCS southeast of New York and
                                                   with support of a tug boat. For purposes                detail later in the document (Mitigation                  have the highest likelihood of occurring,
                                                   here, use of an approximately 200-ft to                 section and Monitoring and Reporting                      at least seasonally, in the Project Area.
                                                   300-ft DP vessel is assumed. All survey                 section).                                                    Further information on the biology,
                                                   activities will be executed in                                                                                    ecology, abundance, and distribution of
                                                                                                           Description of Marine Mammals in the
                                                   compliance with Lease OCS–A–0486                                                                                  those species likely to occur in the
                                                                                                           Area of the Specified Activity
                                                   (‘‘Lease’’), 30 CFR part 585 and the July                                                                         Project Area can be found in section 4
                                                   2015 BOEM Guidelines for Providing                        There are 36 species of marine                          of DWW’s application, and the NMFS
                                                   Geophysical, Geotechnical, and                          mammals that potentially occur in the                     Marine Mammal Stock Assessment
                                                   Geohazard Information Pursuant to 30                    Northwest Atlantic Outer Continental                      Reports (see Waring et al., 2016), which
                                                   CFR part 585. DP vessel thruster                        Shelf (OCS) region (BOEM, 2014) (Table                    are available online at: http://www.
                                                   systems maintain their precise                          2). The majority of these species are                     nmfs.noaa.gov/pr/species/.

                                                              TABLE 2—MARINE MAMMALS KNOWN TO OCCUR IN THE WATERS OFF THE NORTHWEST ATLANTIC OCS
                                                                                                                            NMFS
                                                                                                                          MMPA and                Stock abundance                                Occurrence and
                                                                                                                             ESA                                              PBR 3
                                                          Common name                             Stock                                        (CV, Nmin, most recent                           seasonality in the
                                                                                                                            status;              abundance survey) 2                            NW Atlantic OCS
                                                                                                                           strategic
                                                                                                                            (Y/N) 1

                                                                                                                      Toothed whale (Odontoceti)

                                                   Atlantic white-sided dolphin      W. North Atlantic ................   -; N              48,819 (0.61; 30,403; n/a)            304   rare.
                                                     (Lagenorhynchus acutus).
                                                   Atlantic spotted dolphin          W. North Atlantic ................   -; N              44,715 (0.43; 31,610; n/a)            316   rare.
                                                     (Stenella frontalis).
                                                   Bottlenose dolphin                W. North Atlantic, Offshore          -; N              77,532 (0.40; 56,053;                 561   Common year round.
                                                     (Tursiops truncatus).                                                                    2011).
                                                   Clymene Dolphin (Stenella         W. North Atlantic ................   -; N              Unknown (unk; unk; n/a) ...         Undet   rare.
                                                     clymene).
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                                                   Pantropical Spotted Dolphin       W. North Atlantic ................   -; N              3,333 (0.91; 1,733; n/a) .....         17   rare.
                                                     (Stenella attenuata).
                                                   Risso’s dolphin (Grampus          W. North Atlantic ................   -; N              18,250 (0.46; 12,619; n/a)            126   rare.
                                                     griseus).
                                                   Short-beaked common dol-          W. North Atlantic ................   -; N              70,184 (0.28; 55,690;                 557   Common year round.
                                                     phin (Delphinus delphis).                                                                2011).
                                                   Striped dolphin (Stenella         W. North Atlantic ................   -; N              54,807 (0.3; 42,804; n/a) ...         428   rare.
                                                     coeruleoalba).



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                                                   22254                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                      TABLE 2—MARINE MAMMALS KNOWN TO OCCUR IN THE WATERS OFF THE NORTHWEST ATLANTIC OCS—Continued
                                                                                                                               NMFS
                                                                                                                             MMPA and                Stock abundance                                      Occurrence and
                                                                                                                                ESA                                                 PBR 3
                                                          Common name                              Stock                                          (CV, Nmin, most recent                                 seasonality in the
                                                                                                                               status;              abundance survey) 2                                  NW Atlantic OCS
                                                                                                                              strategic
                                                                                                                               (Y/N) 1

                                                   Spinner Dolphin (Stenella         W. North Atlantic ................      -; N              Unknown (unk; unk; n/a) ...            Undet      rare.
                                                      longirostris).
                                                   White-beaked dolphin              W. North Atlantic ................      -; N              2,003 (0.94; 1,023; n/a) .....            10      rare
                                                      (Lagenorhynchus
                                                      albirostris).
                                                   Harbor porpoise (Phocoena         Gulf of Maine/Bay of Fundy              -; N              79,833 (0.32; 61,415;                   706.      Common year round
                                                      phocoena).                                                                                 2011).
                                                   Killer whale (Orcinus orca)       W. North Atlantic ................      -; N              Unknown (unk; unk; n/a) ...            Undet      rare.
                                                   False killer whale                W. North Atlantic ................      -; Y              442 (1.06; 212; n/a) ...........         2.1      rare.
                                                      (Pseudorca crassidens).
                                                   Long-Finned pilot whale           W. North Atlantic ................      -; Y              5,636 (0.63; 3,464; n/a) .....            35      rare.
                                                      (Globicephala melas).
                                                   Short-finned pilot whale          W. North Atlantic ................      -; Y              21,515 (0.37; 15,913; n/a)               159      rare.
                                                      (Globicephala
                                                      macrorhynchus).
                                                   Sperm whale (Physeter             North Atlantic .....................    E; Y              2,288 (0.28; 1,815; n/a) .....           3.6      Year round in continental
                                                      macrocephalus).                                                                                                                              shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.
                                                   Pygmy sperm whale (Kogia          W. North Atlantic ................      -; N              3,785 b (0.47; 2,598; n/a) ...            26      rare.
                                                     breviceps).
                                                   Dwarf sperm whale (Kogia          W. North Atlantic ................      -; N              3,785 b (0.47; 2,598; n/a) ...            26      rare.
                                                     sima).
                                                   Cuvier’s beaked whale             W. North Atlantic ................      -; N              6,532 (0.32; 5,021; n/a) .....            50      rare.
                                                     (Ziphius cavirostris).
                                                   Blainville’s beaked whale         W. North Atlantic ................      -; N              7,092 c (0.54; 4,632; n/a) ....           46      rare.
                                                     (Mesoplodon densirostris).
                                                   Gervais’ beaked whale             W. North Atlantic ................      -; N              7,092 c 0.54; 4,632; n/a) .....           46      rare.
                                                     (Mesoplodon europaeus).
                                                   True’s beaked whale               W. North Atlantic ................      -; N              7,092 c (0.54; 4,632; n/a) ....           46      rare.
                                                     (Mesoplodon mirus).
                                                   Sowerby’s Beaked Whale            W. North Atlantic ................      -; N              7,092 c (0.54; 4,632; n/a) ....           46      rare.
                                                     (Mesoplodon bidens).
                                                   Melon-headed whale                W. North Atlantic ................      -; N              Unknown (unk; unk; n/a) ...            Undet      rare.
                                                     (Peponocephala electra).

                                                                                                                            Baleen whales (Mysticeti)

                                                   Minke whale (Balaenoptera         Canadian East Coast .........           -; N              2,591 (0.81; 1,425; n/a) .....           162      Year round in continental
                                                     acutorostrata).                                                                                                                               shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.
                                                   Blue whale (Balaenoptera          W. North Atlantic ................      E; Y              Unknown (unk; 440; n/a) ...              0.9      Year round in continental
                                                     musculus).                                                                                                                                    shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.
                                                   Fin whale (Balaenoptera           W. North Atlantic ................      E; Y              1,618 (0.33; 1,234; n/a) .....           2.5      Year round in continental
                                                     physalus).                                                                                                                                    shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.
                                                   Humpback whale                    Gulf of Maine .....................     -; N              823 (0; 823; n/a) ................       2.7      Common year round.
                                                     (Megaptera
                                                     novaeangliae).
                                                   North Atlantic right whale        W. North Atlantic ................      E; Y              440 (0; 440; n/a) ................            1   Year round in continental
                                                     (Eubalaena glacialis).                                                                                                                        shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.
                                                   Sei whale (Balaenoptera           Nova Scotia .......................     E; Y              357 (0.52; 236; n/a) ...........         0.5      Year round in continental
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                                                     borealis).                                                                                                                                    shelf and slope waters,
                                                                                                                                                                                                   occur seasonally to for-
                                                                                                                                                                                                   age.

                                                                                                                            Earless seals (Phocidae)

                                                   Gray seals (Halichoerus           North Atlantic .....................    -; N              505,000 (unk; unk; n/a) .....          Undet      Unlikely.
                                                     grypus).



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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                         22255

                                                      TABLE 2—MARINE MAMMALS KNOWN TO OCCUR IN THE WATERS OFF THE NORTHWEST ATLANTIC OCS—Continued
                                                                                                                              NMFS
                                                                                                                            MMPA and                Stock abundance                                Occurrence and
                                                                                                                               ESA                                              PBR 3
                                                          Common name                              Stock                                         (CV, Nmin, most recent                           seasonality in the
                                                                                                                              status;              abundance survey) 2                            NW Atlantic OCS
                                                                                                                             strategic
                                                                                                                              (Y/N) 1

                                                   Harbor seals (Phoca               W. North Atlantic ................     -; N              75,834 (0.15; 66,884;               2,006   Common year round.
                                                     vitulina).                                                                                 2012).
                                                   Hooded seals (Cystophora          W. North Atlantic ................     -; N              Unknown (unk; unk; n/a) ...         Undet   rare.
                                                     cristata).
                                                   Harp seal (Phoca                  North Atlantic .....................   -; N              Unknown (unk; unk; n/a) ...         Undet   rare.
                                                     groenlandica).
                                                      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 ex-
                                                   ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe-
                                                   cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                                                      2 CV is coefficient of variation; N
                                                                                         min is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks,
                                                   abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the
                                                   abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. All values presented
                                                   here are from the 2016 draft Atlantic SARs.
                                                      3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re-
                                                   moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).


                                                   North Atlantic Right Whales                               Humpback Whales                                           2016). Fin whales are present north of
                                                                                                                                                                       35-degree latitude in every season and
                                                      The western North Atlantic stock of                       Humpback whales are found
                                                                                                                                                                       are broadly distributed throughout the
                                                   this species ranges from the calving                      worldwide in all oceans. In the western
                                                                                                                                                                       western North Atlantic for most of the
                                                   grounds in the southeastern United                        North Atlantic, humpback whales feed
                                                                                                                                                                       year (Waring et al., 2016). This area (east
                                                   States to feeding grounds in New                          during spring, summer, and fall over a
                                                                                                                                                                       of Montauk Point) represents a major
                                                   England waters and into Canadian                          geographic range encompassing the
                                                                                                                                                                       feeding ground for fin whales from
                                                   waters (Waring et al., 2015). Surveys                     eastern coast of the United States
                                                                                                                                                                       March through October. Fin whales are
                                                   have demonstrated the existence of                        (including the Gulf of Maine), and
                                                                                                                                                                       found in small groups of up to 5
                                                   seven areas where western North                           farther north into Canadian waters. In
                                                                                                                                                                       individuals (Brueggeman et al., 1987).
                                                   Atlantic right whales congregate                          the winter, they migrate to lower
                                                   seasonally, including north of the action                 latitudes to breed. However, acoustic                       The current abundance estimate for
                                                   area off Georges Bank, Cape Cod, and                      recordings made in Stellwagen Bank                        the western North Atlantic stock of fin
                                                   Massachusetts Bay (Waring et al., 2015).                  National Marine Sanctuary in 2006 and                     whales is 1,618 with PBR at 2.5 animals
                                                   In the late fall months (e.g. October),                   2008 detected humpback song in almost                     (Waring et al., 2016). This stock is listed
                                                   right whales generally disappear from                     all months, including throughout the                      as endangered under the ESA resulting
                                                   the feeding grounds in the North                          winter, which confirms the presence of                    in strategic and depleted status under
                                                   Atlantic and move south to their                          male humpback whales in the area (a                       the MMPA. The main threats to this
                                                   breeding grounds. Average group size                      mid-latitude feeding ground) through                      stock are fishery interactions and vessel
                                                   for this stock was between 2.9 and 5.5                    the winter in these years (Waring et al.,                 collisions (Waring et al., 2016).
                                                   animals, with a maximum group size                        2015). Their distribution in New                          Sei Whale
                                                   estimate during the project dates of 3.8                  England waters has been largely
                                                   individuals (Parks et al., 2007c).                        correlated to abundance of prey species.                    The Nova Scotia stock of sei whales
                                                      The current abundance estimate for                        The current abundance estimate for                     can be found in deeper waters of the
                                                   this stock is 440 individuals with PBR                    this stock is 823 animals with PBR at 1.3                 continental shelf edge waters of the
                                                   at 1 individual (Waring et al., 2016).                    (Waring et al., 2016). Commercial                         northeastern U.S. and northeastward to
                                                   This stock is listed as endangered under                  exploitation caused the population to                     south of Newfoundland. The southern
                                                   the ESA and is therefore considered                       decrease in the 20th century. This stock                  portion of the species’ range during
                                                   strategic and depleted under the MMPA.                    is characterized by a positive trend in                   spring and summer includes the Gulf of
                                                   Critical habitat for this stock is a                      size (Waring et al., 2015). Although                      Maine and Georges Bank. Spring is the
                                                   designated habitat that includes                          recent estimates of abundance indicate                    period of greatest abundance in U.S.
                                                   portions of Cape Cod Bay and                              a stable or growing humpback whale                        waters, with sightings concentrated
                                                   Stellwagen Bank, the Great South                          population, the stock may be below                        along the eastern margin of Georges
                                                   Channel (each off the coast of                            optimum substainable population (OSP)                     Bank and into the Northeast Channel
                                                   Massachusetts), and waters adjacent to                    in the U.S. Atlantic EEZ. The main                        area, and along the southwestern edge of
                                                   the coasts of Georgia and the east coast                  threat to this stock is interactions with                 Georges Bank in the area of
                                                   of Florida. These areas were determined                   fisheries and vessel collisions. This                     Hydrographer Canyon (Waring et al.,
                                                                                                                                                                       2015). Sei whales occur in shallower
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                                                   to provide critical feeding, nursery, and                 stock is not listed under the ESA but is
                                                   calving habitat for the North Atlantic                    considered strategic under the MMPA.                      waters to feed.
                                                   population of northern right whales.                                                                                  The current abundance estimate for
                                                                                                             Fin Whale
                                                   This critical habitat was revised in 2006                                                                           this stock is 357 animals with PBR at 0.5
                                                   to include two foraging areas in the                        Fin whales are common in waters of                      (Waring et al., 2016). This stock is listed
                                                   North Pacific Ocean—one in the Bering                     the U. S. Atlantic Exclusive Economic                     as engendered under the ESA and is
                                                   Sea and one in the Gulf of Alaska (71                     Zone (EEZ), principally from Cape                         considered strategic and depleted under
                                                   FR 38277, July 6, 2006).                                  Hatteras northward (Waring et al.,                        the MMPA. The main threats to this


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                                                   22256                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   stock are interactions with fisheries and               False Killer Whale                                    St. Lawrence and Labrador Sea stocks
                                                   vessel collisions.                                         False killer whales can be found in                (Palka et al., 1997). The Gulf of Maine
                                                                                                           warm temperate and tropical waters,                   population of white-sided dolphins is
                                                   Minke Whale
                                                                                                           and have been sighted in U.S. Atlantic                most common in continental shelf
                                                      Minke whales can be found in                         waters from southern Florida to Maine                 waters from Hudson Canyon
                                                   temperate, tropical, and high-latitude                  (Waring et al., 2015). This species tends             (approximately 39° N.) to Georges Bank,
                                                   waters. The Canadian East Coast stock                   to be in offshore waters but at times                 and in the Gulf of Maine and lower Bay
                                                   can be found in the area from the                       inhabit waters closer to shore.                       of Fundy. Sighting data indicate
                                                   western half of the Davis Strait (45° W.)                  The current abundance estimate for                 seasonal shifts in distribution
                                                   to the Gulf of Mexico (Waring et al.,                   this stock is 442 animals with PBR at 2.1             (Northridge et al., 1997). During January
                                                   2016). This species generally occupies                  (Waring et al., 2016). This species is not            to May, low numbers of white-sided
                                                   waters less than 100 m deep on the                      listed under the ESA but is considered                dolphins are found from Georges Bank
                                                   continental shelf. There appears to be a                a strategic stock under the MMPA. The                 to Jeffreys Ledge (off New Hampshire),
                                                   strong seasonal component to minke                      main threat to this species include                   with even lower numbers south of
                                                   whale distribution in which spring to                   interactions with fisheries.                          Georges Bank, as documented by a few
                                                   fall are times of relatively widespread                                                                       strandings collected on beaches of
                                                   and common occurrence, and when the                     Cuvier’s Beaked Whale                                 Virginia to South Carolina. From June
                                                   whales are most abundant in New                            Cuvier’s beaked whale distribution is              through September, large numbers of
                                                   England waters, while during winter the                 poorly known. Sightings of this species               white-sided dolphins are found from
                                                   species appears to be largely absent                    have occurred principally along the                   Georges Bank to the lower Bay of
                                                   (Waring et al., 2016).                                  continental shelf edge in the Mid-                    Fundy. From October to December,
                                                      The current abundance estimate for                   Atlantic region off the northeast U.S.                white-sided dolphins occur at
                                                   this stock is 2,591 animals with PBR at                 coast, and most sightings were in late                intermediate densities from southern
                                                   162 (Waring et al., 2016). The main                     spring or summer.                                     Georges Bank to southern Gulf of Maine
                                                   threats to this stock are interactions                     The current abundance estimate for                 (Payne and Heinemann 1990). Sightings
                                                   with fisheries, strandings, and vessel                  this stock is 6,532 animals with PBR at               south of Georges Bank, particularly
                                                   collisions. This stock is not listed under              50 (Waring et al., 2016). This species is             around Hudson Canyon, occur year
                                                   the ESA and is not considered strategic                 not listed under the ESA and is not                   round but at low densities.
                                                   under the MMPA.                                         considered strategic or depleted under                   The current abundance estimate for
                                                                                                           the MMPA. The main threat to this                     this stock is 48,819 animals with PBR at
                                                   Sperm Whale                                             species is interactions with fisheries and            304 (Waring et al., 2016). This stock is
                                                      The distribution of the sperm whale                  stranding associated with Naval                       not listed under the ESA and is not
                                                   in the U.S. EEZ occurs on the                           activities (Waring et al., 2014).                     considered strategic or depleted under
                                                   continental shelf edge, over the                        Long-Finned Pilot Whale                               the MMPA. The main threat to this
                                                   continental slope, and into mid-ocean                                                                         species is interactions with fisheries.
                                                                                                              Long-finned pilot whales can be
                                                   regions (Waring et al., 2014). The basic                found from North Carolina and north to                White-Beaked Dolphin
                                                   social unit of the sperm whale appears                  Iceland, Greenland and the Barents Sea                   The white-beaked dolphin is found in
                                                   to be the mixed school of adult females                 (Waring et al., 2016). In U.S. Atlantic               waters from southern New England to
                                                   plus their calves and some juveniles of                 waters this species is distributed                    southern Greenland and Davis Straits
                                                   both sexes, normally numbering 20–40                    principally along the continental shelf               but are concentrated in the western Gulf
                                                   animals in all. There is evidence that                  edge off the northeastern U.S. coast in               of Maine and around Cape Cod (Waring
                                                   some social bonds persist for many                      winter and early spring and in late                   et al., 2007). They prefer waters
                                                   years (Christal et al., 1998). This species             spring, pilot whales move onto Georges                primarily offshore on the continental
                                                   forms stable social groups, site fidelity,              Bank and into the Gulf of Maine and                   shelf, possibly due to the prey species
                                                   and latitudinal range limitations in                    more northern waters and remain in                    located there.
                                                   groups of females and juveniles                         these areas through late autumn (Waring                  The current abundance estimate for
                                                   (Whitehead 2002). In summer, the                        et al., 2016).                                        this stock is 1,023 animals with PBR at
                                                   distribution of sperm whales includes                      The current abundance estimate for                 10 (Waring et al., 2016). This species is
                                                   the area east and north of Georges Bank                 this stock is 5,636 animals with PBR at               not listed under the ESA and is not
                                                   and into the Northeast Channel region,                  35 (Waring et al., 2016). This species is             considered depleted or strategic under
                                                   as well as the continental shelf (inshore               not listed under the ESA but is                       the MMPA. The main threat to this
                                                   of the 100-m isobath) south of New                      considered strategic under the MMPA.                  stock is interaction with fisheries.
                                                   England. In the fall, sperm whale                       The main threats to this species include
                                                   occurrence south of New England on the                  interactions with fisheries and habitat               Short-Beaked Common Dolphin
                                                   continental shelf is at its highest level,              issues including exposure to high levels                The short-beaked common dolphin is
                                                   and there remains a continental shelf                   of polychlorinated biphenyls and                      found world-wide in temperate to
                                                   edge occurrence in the mid-Atlantic                     chlorinated pesticides, and toxic metals              subtropical seas. In the North Atlantic,
                                                   bight. In winter, sperm whales are                      including mercury, lead, cadmium, and                 short-beaked common dolphins are
                                                   concentrated east and northeast of Cape                 selenium (Waring et al., 2016).                       commonly found over the continental
                                                   Hatteras.                                                                                                     shelf between the 100-m and 2000-m
                                                                                                           Atlantic White-Sided Dolphin
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                                                      The current abundance estimate for                                                                         isobaths and over prominent
                                                   this stock is 2,288 with PBR at 3.6                       White-sided dolphins are found in                   underwater topography and east to the
                                                   animals (Waring et al., 2016). This stock               temperate and sub-polar waters of the                 mid-Atlantic Ridge (Waring et al., 2016).
                                                   is listed as endangered under the ESA                   North Atlantic, primarily in continental              Only the western North Atlantic stock
                                                   and is considered depleted and a                        shelf waters to the 100-m depth contour               may be present in the Lease Area.
                                                   strategic stock under the MMPA. The                     from central West Greenland to North                    The current abundance estimate for
                                                   main threat to this species is                          Carolina (Waring et al., 2016). There are             this stock is 70,184 with PBR at 557
                                                   interactions with fisheries.                            three stock units: Gulf of Maine, Gulf of             (Waring et al., 2016). The main threat to


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                                                   this species is interactions with                       2016). The main threat to this species is             seal population are not available,
                                                   fisheries. This species is not listed                   interactions with fisheries. This species             although portions of stock have been
                                                   under the ESA and is not considered                     is not listed under the ESA and is not                calculated for select time periods.
                                                   strategic or depleted under the MMPA.                   considered strategic or depleted under                Models estimate that the total minimum
                                                                                                           the MMPA.                                             Canadian gray seal population is at
                                                   Atlantic Spotted Dolphin                                                                                      505,000 individuals (Waring et al.,
                                                      Atlantic spotted dolphins are found in               Harbor Porpoise
                                                                                                                                                                 2016). Present data are insufficient to
                                                   tropical and warm temperate waters                         In the Lease Area, only the Gulf of                calculate the minimum population
                                                   ranging from southern New England,                      Maine/Bay of Fundy stock may be                       estimate for U.S. waters; however, based
                                                   south to Gulf of Mexico and the                         present. This stock is found in U.S. and              on genetic analyses from the Canadian
                                                   Caribbean to Venezuela (Waring et al.,                  Canadian Atlantic waters and are                      and U.S. populations, all individuals
                                                   2014). This stock regularly occurs in                   concentrated in the northern Gulf of                  were placed into one population
                                                   continental shelf waters south of Cape                  Maine and southern Bay of Fundy                       providing further evidence that this
                                                   Hatteras and in continental shelf edge                  region, generally in waters less than 150             stock is one interbreeding population
                                                   and continental slope waters north of                   m deep (Waring et al., 2016). They are                (Wood et al., 2011). Current population
                                                   this region (Waring et al., 2014). There                seen from the coastline to deep waters                trends show that gray seal abundance is
                                                   are two forms of this species, with the                 (>1800 m; Westgate et al. 1998),                      likely increasing in the U.S. Atlantic
                                                   larger ecotype inhabiting the continental               although the majority of the population               EEZ (Waring et al., 2016). Although the
                                                   shelf and is usually found inside or near               is found over the continental shelf                   rate of increase is unknown, surveys
                                                   the 200 m isobaths (Waring et al., 2014).               (Waring et al., 2016). Average group size             conducted since their arrival in the
                                                      The current abundance estimate for                   for this stock in the Bay of Fundy is                 1980s indicate a steady increase in
                                                   this stock is 44,715 animals with PBR at                approximately 4 individuals (Palka                    abundance in both Maine and
                                                   316 (Waring et al., 2016). This species                 2007).                                                Massachusetts (Waring et al., 2016). It is
                                                   is not listed under the ESA and is not                     The current abundance estimate for                 believed that recolonization by
                                                   considered depleted or strategic under                  this stock is 79,883, with PBR at 706                 Canadian gray seals is the source of the
                                                   the MMPA. The main threat to this                       (Waring et al., 2016). The main threat to             U.S. population (Waring et al., 2016).
                                                   species is interactions with fisheries.                 this species is interactions with                     Gray seals are not listed under the ESA,
                                                                                                           fisheries, with documented take in the                and the stock is not considered strategic
                                                   Striped Dolphin
                                                                                                           U.S. northeast sink gillnet, mid-Atlantic             or depleted under the MMPA.
                                                      The striped dolphin is found in                      gillnet, and northeast bottom trawl                      Gray seals start to group up in the fall
                                                   warm-temperate to tropical seas around                  fisheries and in the Canadian herring                 and pupping generally occurs from mid-
                                                   the world. In the western North                         weir fisheries (Waring et al., 2016). This            December to early February (USFWS
                                                   Atlantic, they are found from Nova                      species is not listed under the ESA and               2015). Monomoy NWR is the largest
                                                   Scotia to at least Jamaica and in the Gulf              is not considered strategic or depleted               haul-out site for gray seals on the U.S.
                                                   of Mexico with preference over                          under the MMPA.                                       Atlantic seaboard (USFWS 2015). Gray
                                                   continental slope waters (Waring et al.,                                                                      seals are known to use Monomoy NWR
                                                   2014). In the Northeast, they are                       Harbor Seal                                           and Nantucket NWR land and water
                                                   distributed along the continental shelf                    The harbor seal is found in all                    year round, with higher numbers
                                                   edge from Cape Hatteras to the southern                 nearshore waters of the North Atlantic                accumulating during the winter and
                                                   margin of Georges Bank, and also occur                  and North Pacific Oceans and adjoining                spring when pupping and molting
                                                   offshore over the continental slope and                 seas above about 30° N. (Burns 2009). In              occur. Gray seal pupping on Monomoy
                                                   rise in the mid-Atlantic region (Waring                 the western North Atlantic, they are                  NWR was limited in the past but has
                                                   et al., 2014). They were most often                     distributed from the eastern Canadian                 been increasing rapidly in recent years.
                                                   observed in waters between 20 and 27                    Arctic and Greenland south to southern                By early spring, upwards of 19,000 gray
                                                   degrees Celsius and deeper than 900 m                   New England and New York, and                         seals can be found hauled out on
                                                   (Waring et al., 2014).                                  occasionally to the Carolinas (Waring et              Monomoy NWR (B. Josephson, NOAA,
                                                      The current abundance estimate for                   al., 2016). Haulout and pupping sites                 personal communication). While many
                                                   this stock is 54,807 animals with PBR at                are located off Manomet, MA and the                   of these seals use Monomoy NWR for
                                                   428 (Waring et al., 2016). This stock is                Isles of Shoals, ME, but generally do not             breeding, others make their way to the
                                                   not listed under the ESA and is not                     occur in areas in southern New England                refuge to molt. By late spring, gray seal
                                                   considered a strategic or depleted stock                (Waring et al., 2016).                                abundance continues to taper until the
                                                   under the MMPA. The main threat to                         The current abundance estimate for                 fall.
                                                   this species is interactions with                       this stock is 75,834, with PBR at 2,006
                                                                                                                                                                 Potential Effects of the Specified
                                                   fisheries.                                              (Waring et al., 2016). The main threat to
                                                                                                                                                                 Activity on Marine Mammals and Their
                                                                                                           this species is interactions with
                                                   Common Bottlenose Dolphin                                                                                     Habitat
                                                                                                           fisheries. This species is not listed
                                                     There are two distinct bottlenose                     under the ESA and is not considered                      This section includes a summary and
                                                   dolphin morphotypes: The coastal and                    strategic or depleted under the MMPA.                 discussion of the ways that components
                                                   offshore forms in the western North                                                                           of the specified activity may impact
                                                   Atlantic (Waring et al., 2016). The                     Gray Seal                                             marine mammals and their habitat. The
                                                   offshore form is distributed primarily                    There are three major populations of                ‘‘Estimated Take’’ section later in this
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                                                   along the outer continental shelf and                   gray seals found in the world; eastern                document will include a quantitative
                                                   continental slope in the Northwest                      Canada (western North Atlantic stock),                analysis of the number of individuals
                                                   Atlantic Ocean from Georges Bank to                     northwestern Europe and the Baltic Sea.               that are expected to be taken by this
                                                   the Florida Keys and is the only type                   The gray seals that occur in the Project              activity. The Negligible Impact Analyses
                                                   that may be present in the Lease Area.                  Area belong to the western North                      and Determination section will consider
                                                     The current abundance estimate for                    Atlantic Stock, which ranges from New                 the content of this section, the
                                                   the Western north Atlantic stock is                     Jersey to Labrador. Current estimates of              Estimated Take by Incidental
                                                   77,532 with PBR at 561 (Waring et al.,                  the total western North Atlantic gray                 Harassment section, and the Proposed


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                                                   Mitigation section, to draw conclusions                           behavioral effects, which often result                             frequencies of sound. Current data
                                                   regarding the likely impacts of these                             from auditory cues, may be better                                  indicate that not all marine mammal
                                                   activities on the reproductive success or                         expressed through averaged units rather                            species have equal hearing capabilities
                                                   survivorship of individuals and how                               than by peak pressures.                                            (Richardson et al., 1995; Southall et al.,
                                                   those impacts on individuals are likely                                                                                              1997; Wartzok and Ketten, 1999; Au and
                                                                                                                     Acoustic Impacts
                                                   to impact marine mammal species or                                                                                                   Hastings, 2008).
                                                   stocks.                                                              HRG survey equipment use and use of
                                                                                                                     the vibracore and DP thruster during the                              Animals are less sensitive to sounds
                                                   Background on Sound                                               geophysical and geotechnical surveys                               at the outer edges of their functional
                                                      Sound is a physical phenomenon                                 may temporarily impact marine                                      hearing range and are more sensitive to
                                                   consisting of minute vibrations that                              mammals in the area due to elevated in-                            a range of frequencies within the middle
                                                   travel through a medium, such as air or                           water sound levels. Marine mammals                                 of their functional hearing range. For
                                                   water, and is generally characterized by                          are continually exposed to many                                    mid-frequency cetaceans, functional
                                                   several variables. Frequency describes                            sources of sound. Naturally occurring                              hearing estimates occur between
                                                   the sound’s pitch and is measured in                              sounds such as lightning, rain, sub-sea                            approximately 150 Hz and 160 kHz with
                                                   hertz (Hz) or kilohertz (kHz), while                              earthquakes, and biological sounds (e.g.,                          best hearing estimated to occur between
                                                   sound level describes the sound’s                                 snapping shrimp, whale songs) are                                  approximately 10 to less than 100 kHz
                                                   intensity and is measured in decibels                             widespread throughout the world’s                                  (Finneran et al., 2005 and 2009,
                                                   (dB). Sound level increases or decreases                          oceans. Marine mammals produce                                     Natchtigall et al., 2005 and 2008; Yuen
                                                   exponentially with each dB of change.                             sounds in various contexts and use                                 et al., 2005; Popov et al., 2010 and 2011;
                                                   The logarithmic nature of the scale                               sound for various biological functions                             and Schlundt et al., 2011).
                                                   means that each 10-dB increase is a 10-                           including, but not limited to: (1) Social                             On August 4, 2016, NMFS released its
                                                   fold increase in acoustic power (and a                            interactions; (2) foraging; (3) orientation;                       Technical Guidance for Assessing the
                                                   20-dB increase is then a 100-fold                                 and (4) predator detection. Interference                           Effects of Anthropogenic Sound on
                                                   increase in power). A 10-fold increase in                         with producing or receiving these                                  Marine Mammal Hearing (NMFS, 2016;
                                                   acoustic power does not mean that the                             sounds may result in adverse impacts.                              81 FR 51694). This new guidance
                                                   sound is perceived as being 10 times                              Audible distance, or received levels of                            established new thresholds for
                                                   louder, however. Sound levels are                                 sound depend on the nature of the                                  predicting onset of temporary (TTS) and
                                                   compared to a reference sound pressure                            sound source, ambient noise conditions,                            permanent (PTS) threshold shifts for
                                                   (micro-Pascal) to identify the medium.                            and the sensitivity of the receptor to the                         impulsive (e.g., explosives and impact
                                                   For air and water, these reference                                sound (Richardson et al., 1995). Type                              pile drivers) and non-impulsive (e.g.,
                                                   pressures are ‘‘re: 20 mPa’’ and ‘‘re: 1                          and significance of marine mammal                                  vibratory pile drivers) sound sources.
                                                   mPa,’’ respectively. Root mean square                             reactions to sound are likely dependent                            These acoustic thresholds are presented
                                                   (RMS) is the quadratic mean sound                                 on a variety of factors including, but not                         using dual metrics of cumulative sound
                                                   pressure over the duration of an                                  limited to, (1) the behavioral state of the                        exposure level (SELcum) and peak
                                                   impulse. RMS is calculated by squaring                            animal (e.g., feeding, traveling, etc.); (2)                       sound level (PK) for impulsive sounds
                                                   all of the sound amplitudes, averaging                            frequency of the sound; (3) distance                               and SELcum for non-impulsive sounds.
                                                   the squares, and then taking the square                           between the animal and the source; and                             The lower and/or upper frequencies for
                                                   root of the average (Urick 1975). RMS                             (4) the level of the sound relative to                             some of these functional hearing groups
                                                   accounts for both positive and negative                           ambient conditions (Southall et al.,                               have been modified from those
                                                   values; squaring the pressures makes all                          2007).                                                             designated by Southall et al. (2007), and
                                                   values positive so that they may be                                  When considering the influence of                               the revised generalized hearing ranges
                                                   accounted for in the summation of                                 various kinds of sound on the marine                               are presented in the new Guidance. The
                                                   pressure levels. This measurement is                              environment, it is necessary to                                    functional hearing groups and the
                                                   often used in the context of discussing                           understand that different kinds of                                 associated frequencies are indicated in
                                                   behavioral effects, in part because                               marine life are sensitive to different                             Table 3 below.

                                                                            TABLE 3—MARINE MAMMAL HEARING GROUPS AND THEIR GENERALIZED HEARING RANGE
                                                                                                                                                                                                                          Generalized hearing
                                                                                                                          Hearing group                                                                                        range *

                                                   Low-frequency (LF) cetaceans (baleen whales) .....................................................................................................................    7 Hz to 35 kHz.
                                                   Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...........................................                                 150 Hz to 160 kHz.
                                                   High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger and L.                                                 275 Hz to 160 kHz.
                                                     australis).
                                                   Phocid pinnipeds (PW) (underwater) (true seals) ...................................................................................................................   50 Hz to 86 kHz.
                                                   Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ..............................................................................................          60 Hz to 39 kHz.
                                                     * 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).
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                                                      When sound travels (propagates) from                           loudness of a sound at its source                                  source level of 230 dB may only be
                                                   its source, its loudness decreases as the                         (typically referenced to one meter from                            exposed to sound that is 160 dB loud,
                                                   distance traveled by the sound                                    the source) as the source level and the                            depending on how the sound travels
                                                   increases. Thus, the loudness of a sound                          loudness of sound elsewhere as the                                 through water (e.g., spherical spreading
                                                   at its source is higher than the loudness                         received level (i.e., typically the                                (6 dB reduction with doubling of
                                                   of that same sound a kilometer (km)                               receiver). For example, a humpback                                 distance) was used in this example). As
                                                   away. Acousticians often refer to the                             whale 3 km from a device that has a                                a result, it is important to understand


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                             22259

                                                   the difference between source levels and                auditory injury (Southall et al., 2007)               more severe or sustained nature is also
                                                   received levels when discussing the                     and occurs in a specific frequency range              notable and potentially of more
                                                   loudness of sound in the ocean or its                   and amount. Irreparable damage to the                 importance than the simple existence of
                                                   impacts on the marine environment.                      inner or outer cochlear hair cells may                a TTS.
                                                      As sound travels from a source, its                  cause PTS; however, other mechanisms                     Currently, TTS data only exist for four
                                                   propagation in water is influenced by                   are also involved, such as exceeding the              species of cetaceans (bottlenose
                                                   various physical characteristics,                       elastic limits of certain tissues and                 dolphin, beluga whale (Delphinapterus
                                                   including water temperature, depth,                     membranes in the middle and inner ears                leucas), harbor porpoise, and Yangtze
                                                   salinity, and surface and bottom                        and resultant changes in the chemical                 finless porpoise (Neophocaena
                                                   properties that cause refraction,                       composition of the inner ear fluids                   phocaenoides)) and three species of
                                                   reflection, absorption, and scattering of               (Southall et al., 2007). Given the higher             pinnipeds (northern elephant seal
                                                   sound waves. Oceans are not                             level of sound and longer durations of                (Mirounga angustirostris), harbor seal,
                                                   homogeneous and the contribution of                     exposure necessary to cause PTS as                    and California sea lion (Zalophus
                                                   each of these individual factors is                     compared with TTS, it is considerably                 californianus)) exposed to a limited
                                                   extremely complex and interrelated.                     less likely that PTS would occur during               number of sound sources (i.e., mostly
                                                   The physical characteristics that                       the proposed HRG and geotechnical                     tones and octave-band noise) in
                                                   determine the sound’s speed through                     survey.                                               laboratory settings (e.g., Finneran et al.,
                                                   the water will change with depth,                                                                             2002 and 2010; Nachtigall et al., 2004;
                                                   season, geographic location, and with                   Temporary Threshold Shift (TTS)                       Kastak et al., 2005; Lucke et al., 2009;
                                                   time of day (as a result, in actual active                 TTS is the mildest form of hearing                 Mooney et al., 2009; Popov et al., 2011;
                                                   sonar operations, crews will measure                    impairment that can occur during                      Finneran and Schlundt, 2010). In
                                                   oceanic conditions, such as sea water                   exposure to a loud sound (Kryter 1985).               general, harbor seals (Kastak et al., 2005;
                                                   temperature and depth, to calibrate                     While experiencing TTS, the hearing                   Kastelein et al., 2012a) and harbor
                                                   models that determine the path the                      threshold rises, and a sound must be                  porpoises (Lucke et al., 2009; Kastelein
                                                   sonar signal will take as it travels                    stronger in order to be heard. At least in            et al., 2012b) have a lower TTS onset
                                                   through the ocean and how strong the                    terrestrial mammals, TTS can last from                than other measured pinniped or
                                                   sound signal will be at a given range                   minutes or hours to (in cases of strong               cetacean species. However, even for
                                                   along a particular transmission path). As               TTS) days, can be limited to a particular             these animals, which are better able to
                                                   sound travels through the ocean, the                    frequency range, and can occur to                     hear higher frequencies and may be
                                                   intensity associated with the wavefront                 varying degrees (i.e., a loss of a certain            more sensitive to higher frequencies,
                                                   diminishes, or attenuates. This decrease                number of dBs of sensitivity). For sound              exposures on the order of approximately
                                                   in intensity is referred to as propagation              exposures at or somewhat above the                    170 dB rms or higher for brief transient
                                                   loss, also commonly called transmission                 TTS threshold, hearing sensitivity in                 signals are likely required for even
                                                   loss.                                                   both terrestrial and marine mammals                   temporary (recoverable) changes in
                                                      As mentioned previously in this                      recovers rapidly after exposure to the                hearing sensitivity that would likely not
                                                   document, nine marine mammal species                    noise ends.                                           be categorized as physiologically
                                                   (seven cetaceans and two pinnipeds) are                    Marine mammal hearing plays a                      damaging (Lucke et al., 2009).
                                                   likely to occur in the Project Area. Of                 critical role in communication with                   Additionally, the existing marine
                                                   the seven cetacean species likely to                    conspecifics and in interpretation of                 mammal TTS data come from a limited
                                                   occur in the Lease Area, four are                       environmental cues for purposes such                  number of individuals within these
                                                   classified as low-frequency cetaceans                   as predator avoidance and prey capture.               species. There are no data available on
                                                   (i.e., minke whale, fin whale, humpback                 Depending on the degree (elevation of                 noise-induced hearing loss for
                                                   whale, and North Atlantic right whale),                 threshold in dB), duration (i.e., recovery            mysticetes. For summaries of data on
                                                   two are classified as mid-frequency                     time), and frequency range of TTS and                 TTS in marine mammals or for further
                                                   cetaceans (i.e., Atlantic white-sided                   the context in which it is experienced,               discussion of TTS onset thresholds,
                                                   dolphin and short-beaked common                         TTS can have effects on marine                        please see Finneran (2016).
                                                   dolphin), and one is classified as a high-              mammals ranging from discountable to                     Scientific literature highlights the
                                                   frequency cetacean (i.e., harbor                        serious. For example, a marine mammal                 inherent complexity of predicting TTS
                                                   porpoise) (Southall et al., 2007). A                    may be able to readily compensate for                 onset in marine mammals, as well as the
                                                   species’ functional hearing group is a                  a brief, relatively small amount of TTS               importance of considering exposure
                                                   consideration when we analyze the                       in a non-critical frequency range that                duration when assessing potential
                                                   effects of exposure to sound on marine                  takes place during a time when the                    impacts (Mooney et al., 2009a, 2009b;
                                                   mammals.                                                animals is traveling through the open                 Kastak et al., 2007). Generally, with
                                                                                                           ocean, where ambient noise is lower                   sound exposures of equal energy,
                                                   Hearing Impairment                                      and there are not as many competing                   quieter sounds (lower SPL) of longer
                                                      Marine mammals may experience                        sounds present. Alternatively, a larger               duration were found to induce TTS
                                                   temporary or permanent hearing                          amount and longer duration of TTS                     onset more than louder sounds (higher
                                                   impairment when exposed to loud                         sustained during a time when                          SPL) of shorter duration (more similar to
                                                   sounds. Hearing impairment is                           communication is critical for successful              sub-bottom profilers). For intermittent
                                                   classified by TTS and PTS. There are no                 mother/calf interactions could have                   sounds, less threshold shift will occur
                                                   empirical data for onset of PTS in any                  more serious impacts if it were in the                than from a continuous exposure with
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                                                   marine mammal; therefore, PTS-onset                     same frequency band as the necessary                  the same energy (some recovery will
                                                   must be estimated from TTS-onset                        vocalizations and of a severity that it               occur between intermittent exposures)
                                                   measurements and from the rate of TTS                   impeded communication. The fact that                  (Kryter et al., 1966; Ward 1997). For
                                                   growth with increasing exposure levels                  animals exposed to levels and durations               sound exposures at or somewhat above
                                                   above the level eliciting TTS-onset. PTS                of sound that would be expected to                    the TTS-onset threshold, hearing
                                                   is presumed to be likely if the hearing                 result in this physiological response                 sensitivity recovers rapidly after
                                                   threshold is reduced by ≥40 dB (that is,                would also be expected to have                        exposure to the sound ends; intermittent
                                                   40 dB of TTS). PTS is considered                        behavioral responses of a comparatively               exposures recover faster in comparison


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                                                   22260                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   with continuous exposures of the same                   foraging behavior near the survey                     example, if a baleen whale is exposed to
                                                   duration (Finneran et al., 2010). NMFS                  location.                                             continuous low-frequency sound from
                                                   considers TTS as Level B harassment                        It is possible that animals in the                 an industrial source, this would reduce
                                                   that is mediated by physiological effects               Project Area may experience TTS during                the size of the area around that whale
                                                   on the auditory system; however, NMFS                   the use of DP vessel thrusters during the             within which it can hear the calls of
                                                   does not consider TTS-onset to be the                   geotechnical survey due to the duration               another whale. The components of
                                                   lowest level at which Level B                           and nature of the noise (continuous, up               background noise that are similar in
                                                   harassment may occur.                                   to 75 days). However, the fact that the               frequency to the signal in question
                                                                                                           DP drill ship is stationary during the                primarily determine the degree of
                                                      Animals in the Project Area during                   geotechnical survey activities makes it               masking of that signal. In general, little
                                                   the HRG survey are unlikely to incur                    less likely that animals would remain in              is known about the degree to which
                                                   TTS hearing impairment due to the                       the area long enough to incur TTS. As                 marine mammals rely upon detection of
                                                   characteristics of the sound sources,                   is the case for the HRG survey activities,            sounds from conspecifics, predators,
                                                   which include low source levels (208 to                 animals may avoid the area around the                 prey, or other natural sources. In the
                                                   221 dB re 1 mPa-m) and generally very                   survey vessel, thereby reducing                       absence of specific information about
                                                   short pulses and duration of the sound.                 exposure. Any disturbance to marine                   the importance of detecting these
                                                   Even for high-frequency cetacean                        mammals is more likely to be in the                   natural sounds, it is not possible to
                                                   species (e.g., harbor porpoises), which                 form of temporary avoidance or                        predict the impact of masking on marine
                                                   may have increased sensitivity to TTS                   alteration of opportunistic foraging                  mammals (Richardson et al., 1995). In
                                                   (Lucke et al., 2009; Kastelein et al.,                  behavior near the survey location.                    general, masking effects are expected to
                                                   2012b), individuals would have to make                                                                        be less severe when sounds are transient
                                                                                                           Masking
                                                   a very close approach and also remain                                                                         than when they are continuous.
                                                   very close to vessels operating these                      Masking is the obscuring of sounds of              Masking is typically of greater concern
                                                   sources in order to receive multiple                    interest to an animal by other sounds,                for those marine mammals that utilize
                                                   exposures at relatively high levels, as                 typically at similar frequencies. Marine              low-frequency communications, such as
                                                   would be necessary to cause TTS.                        mammals are highly dependent on                       baleen whales, because of how far low-
                                                   Intermittent exposures—as would occur                   sound, and their ability to recognize                 frequency sounds propagate.
                                                   due to the brief, transient signals                     sound signals amid other sound is                        Marine mammal communications
                                                   produced by these sources—require a                     important in communication and                        would not likely be masked appreciably
                                                   higher cumulative SEL to induce TTS                     detection of both predators and prey                  by the sub-profiler signals given the
                                                   than would continuous exposures of the                  (Tyack 2000). Background ambient                      directionality of the signal and the brief
                                                   same duration (i.e., intermittent                       sound may interfere with or mask the                  period when an individual mammal is
                                                   exposure results in lower levels of TTS)                ability of an animal to detect a sound                likely to be within its beam. And while
                                                   (Mooney et al., 2009a; Finneran et al.,                 signal even when that signal is above its             continuous sound from the DP thruster
                                                                                                           absolute hearing threshold. Even in the               when in use is predicted to extend 500
                                                   2010). Moreover, most marine mammals
                                                                                                           absence of anthropogenic sound, the                   m to the 120 dB threshold, the generally
                                                   would more likely avoid a loud sound
                                                                                                           marine environment is often loud.                     short duration of DP thruster use and
                                                   source rather than swim in such close
                                                                                                           Natural ambient sound includes                        low source levels, coupled with the
                                                   proximity as to result in TTS. Kremser
                                                                                                           contributions from wind, waves,                       likelihood of animals to avoid the sound
                                                   et al. (2005) noted that the probability
                                                                                                           precipitation, other animals, and (at                 source, would result in very little
                                                   of a cetacean swimming through the                      frequencies above 30 kHz) thermal
                                                   area of exposure when a sub-bottom                                                                            opportunity for this activity to mask the
                                                                                                           sound resulting from molecular                        communication of local marine
                                                   profiler emits a pulse is small—because                 agitation (Richardson et al., 1995).
                                                   if the animal was in the area, it would                                                                       mammals for more than a brief period
                                                                                                              Background sound may also include                  of time.
                                                   have to pass the transducer at close                    anthropogenic sound, and masking of
                                                   range in order to be subjected to sound                 natural sounds can result when human                  Non-Auditory Physical Effects (Stress)
                                                   levels that could cause temporary                       activities produce high levels of                        Classic stress responses begin when
                                                   threshold shift and would likely exhibit                background sound. Conversely, if the                  an animal’s central nervous system
                                                   avoidance behavior to the area near the                 background level of underwater sound                  perceives a potential threat to its
                                                   transducer rather than swim through at                  is high (e.g., on a day with strong wind              homeostasis. That perception triggers
                                                   such a close range. Further, the                        and high waves), an anthropogenic                     stress responses regardless of whether a
                                                   restricted beam shape of the sub-bottom                 sound source would not be detectable as               stimulus actually threatens the animal;
                                                   profiler and other HRG survey                           far away as would be possible under                   the mere perception of a threat is
                                                   equipment makes it unlikely that an                     quieter conditions and would itself be                sufficient to trigger a stress response
                                                   animal would be exposed more than                       masked. Ambient sound is highly                       (Moberg 2000; Sapolsky et al., 2005;
                                                   briefly during the passage of the vessel.               variable on continental shelves                       Seyle 1950). Once an animal’s central
                                                   Boebel et al. (2005) concluded similarly                (Thompson, 1965; Myrberg, 1978;                       nervous system perceives a threat, it
                                                   for single and multibeam echosounders;                  Chapman et al., 1998; Desharnais et al.,              mounts a biological response or defense
                                                   and, more recently, Lurton (2016)                       1999). This results in a high degree of               that consists of a combination of the
                                                   conducted a modeling exercise and                       variability in the range at which marine              four general biological defense
                                                   concluded similarly that likely potential               mammals can detect anthropogenic                      responses: Behavioral responses,
                                                   for acoustic injury from these types of
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                                                                                                           sounds.                                               autonomic nervous system responses,
                                                   systems is negligible but that behavioral                  Although masking is a phenomenon                   neuroendocrine responses, or immune
                                                   response cannot be ruled out. Animals                   which may occur naturally, the                        responses.
                                                   may avoid the area around the survey                    introduction of loud anthropogenic                       In the case of many stressors, an
                                                   vessels, thereby reducing exposure. Any                 sounds into the marine environment at                 animal’s first and sometimes most
                                                   disturbance to marine mammals is                        frequencies important to marine                       economical (in terms of biotic costs)
                                                   likely to be in the form of temporary                   mammals increases the severity and                    response is behavioral avoidance of the
                                                   avoidance or alteration of opportunistic                frequency of occurrence of masking. For               potential stressor or avoidance of


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                                                   continued exposure to a stressor. An                    ‘‘distress’’ (Seyle 1950) or ‘‘allostatic             accompanied short- and long-term
                                                   animal’s second line of defense to                      loading’’ (McEwen and Wingfield,                      hearing losses. Welch and Welch (1970)
                                                   stressors involves the sympathetic part                 2003). This pathological state will last              reported physiological and behavioral
                                                   of the autonomic nervous system and                     until the animal replenishes its biotic               stress responses that accompanied
                                                   the classical ‘‘fight or flight’’ response              reserves sufficient to restore normal                 damage to the inner ears of fish and
                                                   which includes the cardiovascular                       function. Note that these examples                    several mammals.
                                                   system, the gastrointestinal system, the                involved a long-term (days or weeks)                     Hearing is one of the primary senses
                                                   exocrine glands, and the adrenal                        stress response exposure to stimuli.                  marine mammals use to gather
                                                   medulla to produce changes in heart                        Relationships between these                        information about their environment
                                                   rate, blood pressure, and gastrointestinal              physiological mechanisms, animal                      and to communicate with conspecifics.
                                                   activity that humans commonly                           behavior, and the costs of stress                     Although empirical information on the
                                                   associate with ‘‘stress.’’ These responses              responses have also been documented                   relationship between sensory
                                                   have a relatively short duration and may                fairly well through controlled                        impairment (TTS, PTS, and acoustic
                                                   or may not have significant long-term                   experiments; because this physiology                  masking) on marine mammals remains
                                                   effect on an animal’s welfare.                          exists in every vertebrate that has been              limited, it seems reasonable to assume
                                                      An animal’s third line of defense to                 studied, it is not surprising that stress             that reducing an animal’s ability to
                                                   stressors involves its neuroendocrine                   responses and their costs have been                   gather information about its
                                                   systems; the system that has received                   documented in both laboratory and free-               environment and to communicate with
                                                   the most study has been the                             living animals (for examples see,                     other members of its species would be
                                                   hypothalamus-pituitary-adrenal system                   Holberton et al., 1996; Hood et al., 1998;            stressful for animals that use hearing as
                                                   (also known as the HPA axis in                          Jessop et al., 2003; Krausman et al.,                 their primary sensory mechanism.
                                                   mammals or the hypothalamus-                            2004; Lankford et al., 2005; Reneerkens               Therefore, we assume that acoustic
                                                   pituitary-interrenal axis in fish and                   et al., 2002; Thompson and Hamer                      exposures sufficient to trigger onset PTS
                                                   some reptiles). Unlike stress responses                 2000). Information has also been                      or TTS would be accompanied by
                                                   associated with the autonomic nervous                   collected on the physiological responses              physiological stress responses because
                                                   system, virtually all neuro-endocrine                   of marine mammals to exposure to                      terrestrial animals exhibit those
                                                   functions that are affected by stress—                  anthropogenic sounds (Fair and Becker                 responses under similar conditions
                                                   including immune competence,                            2000; Romano et al., 2002; Wright et al.,             (NRC 2003). More importantly, marine
                                                   reproduction, metabolism, and                           2008). For example, Rolland et al.                    mammals might experience stress
                                                   behavior—are regulated by pituitary                     (2012) found that noise reduction from                responses at received levels lower than
                                                   hormones. Stress-induced changes in                     reduced ship traffic in the Bay of Fundy              those necessary to trigger onset TTS.
                                                   the secretion of pituitary hormones have                was associated with decreased stress in               Based on empirical studies of the time
                                                   been implicated in failed reproduction                  North Atlantic right whales. In a                     required to recover from stress
                                                   (Moberg 1987; Rivier 1995), altered                     conceptual model developed by the                     responses (Moberg 2000), we also
                                                   metabolism (Elasser et al., 2000),                      Population Consequences of Acoustic                   assume that stress responses are likely
                                                   reduced immune competence (Blecha                       Disturbance (PCAD) working group,                     to persist beyond the time interval
                                                   2000), and behavioral disturbance.                      serum hormones were identified as                     required for animals to recover from
                                                   Increases in the circulation of                         possible indicators of behavioral effects             TTS and might result in pathological
                                                   glucocorticosteroids (cortisol,                         that are translated into altered rates of             and pre-pathological states that would
                                                   corticosterone, and aldosterone in                      reproduction and mortality.                           be as significant as behavioral responses
                                                   marine mammals; see Romano et al.,                         Studies of other marine animals and                to TTS.
                                                   2004) have been equated with stress for                 terrestrial animals would also lead us to                In general, there are few data on the
                                                   many years.                                             expect some marine mammals to                         potential for strong, anthropogenic
                                                      The primary distinction between                      experience physiological stress                       underwater sounds to cause non-
                                                   stress (which is adaptive and does not                  responses and, perhaps, physiological                 auditory physical effects in marine
                                                   normally place an animal at risk) and                   responses that would be classified as                 mammals. Such effects, if they occur at
                                                   distress is the biotic cost of the                      ‘‘distress’’ upon exposure to high                    all, would presumably be limited to
                                                   response. During a stress response, an                  frequency, mid-frequency and low-                     short distances and to activities that
                                                   animal uses glycogen stores that can be                 frequency sounds. For example, Jansen                 extend over a prolonged period. The
                                                   quickly replenished once the stress is                  (1998) reported on the relationship                   available data do not allow
                                                   alleviated. In such circumstances, the                  between acoustic exposures and                        identification of a specific exposure
                                                   cost of the stress response would not                   physiological responses that are                      level above which non-auditory effects
                                                   pose a risk to the animal’s welfare.                    indicative of stress responses in humans              can be expected (Southall et al., 2007).
                                                   However, when an animal does not have                   (for example, elevated respiration and                There is no definitive evidence that any
                                                   sufficient energy reserves to satisfy the               increased heart rates). Jones (1998)                  of these effects occur even for marine
                                                   energetic costs of a stress response,                   reported on reductions in human                       mammals in close proximity to an
                                                   energy resources must be diverted from                  performance when faced with acute,                    anthropogenic sound source. In
                                                   other biotic function, which impairs                    repetitive exposures to acoustic                      addition, marine mammals that show
                                                   those functions that experience the                     disturbance. Trimper et al. (1998)                    behavioral avoidance of survey vessels
                                                   diversion. For example, when mounting                   reported on the physiological stress                  and related sound sources are unlikely
                                                   a stress response diverts energy away                   responses of osprey to low-level aircraft             to incur non-auditory impairment or
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                                                   from growth in young animals, those                     noise while Krausman et al. (2004)                    other physical effects. NMFS does not
                                                   animals may experience stunted growth.                  reported on the auditory and physiology               expect that the generally short-term,
                                                   When mounting a stress response                         stress responses of endangered Sonoran                intermittent, and transitory HRG and
                                                   diverts energy from a fetus, an animal’s                pronghorn to military overflights. Smith              geotechnical activities would create
                                                   reproductive success and its fitness will               et al. (2004a, 2004b), for example,                   conditions of long-term, continuous
                                                   suffer. In these cases, the animals will                identified noise-induced physiological                noise and chronic acoustic exposure
                                                   have entered a pre-pathological or                      transient stress responses in hearing-                leading to long-term physiological stress
                                                   pathological state which is called                      specialist fish (i.e., goldfish) that                 responses in marine mammals.


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                                                   22262                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   Behavioral Disturbance                                  marine mammals to loud pulsed sound                   information on or estimates of the
                                                      Behavioral disturbance may include a                 sources (typically seismic airguns or                 energetic requirements of the affected
                                                   variety of effects, including subtle                    acoustic harassment devices) have been                individuals and the relationship
                                                   changes in behavior (e.g., minor or brief               varied but often consist of avoidance                 between prey availability, foraging effort
                                                   avoidance of an area or changes in                      behavior or other behavioral changes                  and success, and the life history stage of
                                                   vocalizations), more conspicuous                        suggesting discomfort (Morton and                     the animal.
                                                   changes in similar behavioral activities,               Symonds 2002; see also Richardson et                     Variations in respiration naturally
                                                   and more sustained and/or potentially                   al., 1995; Nowacek et al., 2007).                     vary with different behaviors and
                                                   severe reactions, such as displacement                     Available studies show wide variation              alterations to breathing rate as a
                                                   from or abandonment of high-quality                     in response to underwater sound;                      function of acoustic exposure can be
                                                                                                           therefore, it is difficult to predict                 expected to co-occur with other
                                                   habitat. Behavioral responses to sound
                                                                                                           specifically how any given sound in a                 behavioral reactions, such as a flight
                                                   are highly variable and context-specific
                                                                                                           particular instance might affect marine               response or an alteration in diving.
                                                   and any reactions depend on numerous
                                                                                                           mammals perceiving the signal. If a                   However, respiration rates in and of
                                                   intrinsic and extrinsic factors (e.g.,
                                                                                                           marine mammal does react briefly to an                themselves may be representative of
                                                   species, state of maturity, experience,
                                                                                                           underwater sound by changing its                      annoyance or an acute stress response.
                                                   current activity, reproductive state,
                                                                                                           behavior or moving a small distance, the              Various studies have shown that
                                                   auditory sensitivity, time of day), as
                                                                                                           impacts of the change are unlikely to be              respiration rates may either be
                                                   well as the interplay between factors
                                                                                                           significant to the individual, let alone              unaffected or could increase, depending
                                                   (e.g., Richardson et al., 1995; Wartzok et
                                                                                                           the stock or population. However, if a                on the species and signal characteristics,
                                                   al., 2003; Southall et al., 2007; Weilgart              sound source displaces marine                         again highlighting the importance in
                                                   2007; Archer et al., 2010). Behavioral                  mammals from an important feeding or                  understanding species differences in the
                                                   reactions can vary not only among                       breeding area for a prolonged period,                 tolerance of underwater noise when
                                                   individuals but also within an                          impacts on individuals and populations                determining the potential for impacts
                                                   individual, depending on previous                       could be significant (e.g., Lusseau and               resulting from anthropogenic sound
                                                   experience with a sound source,                         Bejder 2007; Weilgart 2007; NRC 2005).                exposure (e.g., Kastelein et al., 2001,
                                                   context, and numerous other factors                     However, there are broad categories of                2005b, 2006; Gailey et al., 2007).
                                                   (Ellison et al., 2012), and can vary                    potential response, which we describe                    Marine mammals vocalize for
                                                   depending on characteristics associated                 in greater detail here, that include                  different purposes and across multiple
                                                   with the sound source (e.g., whether it                 alteration of dive behavior, alteration of            modes, such as whistling, echolocation
                                                   is moving or stationary, number of                      foraging behavior, effects to breathing,              click production, calling, and singing.
                                                   sources, distance from the source).                     interference with or alteration of                    Changes in vocalization behavior in
                                                   Please see Appendices B–C of Southall                   vocalization, avoidance, and flight.                  response to anthropogenic noise can
                                                   et al. (2007) for a review of studies                      Changes in dive behavior can vary                  occur for any of these modes and may
                                                   involving marine mammal behavioral                      widely and may consist of increased or                result from a need to compete with an
                                                   responses to sound.                                     decreased dive times and surface                      increase in background noise or may
                                                      Habituation can occur when an                        intervals as well as changes in the rates             reflect increased vigilance or a startle
                                                   animal’s response to a stimulus wanes                   of ascent and descent during a dive (e.g.,            response. For example, in the presence
                                                   with repeated exposure, usually in the                  Frankel and Clark, 2000; Costa et al.,                of potentially masking signals,
                                                   absence of unpleasant associated events                 2003; Ng and Leung, 2003; Nowacek et                  humpback whales and killer whales
                                                   (Wartzok et al., 2003). Animals are most                al.; 2004; Goldbogen et al., 2013a,b).                have been observed to increase the
                                                   likely to habituate to sounds that are                  Variations in dive behavior may reflect               length of their songs (Miller et al., 2000;
                                                   predictable and unvarying. It is                        interruptions in biologically significant             Fristrup et al., 2003; Foote et al., 2004),
                                                   important to note that habituation is                   activities (e.g., foraging) or they may be            while right whales have been observed
                                                   appropriately considered as a                           of little biological significance. The                to shift the frequency content of their
                                                   ‘‘progressive reduction in response to                  impact of an alteration to dive behavior              calls upward while reducing the rate of
                                                   stimuli that are perceived as neither                   resulting from an acoustic exposure                   calling in areas of increased
                                                   aversive nor beneficial,’’ rather than as,              depends on what the animal is doing at                anthropogenic noise (Parks et al.,
                                                   more generally, moderation in response                  the time of the exposure and the type                 2007b). In some cases, animals may
                                                   to human disturbance (Bejder et al.,                    and magnitude of the response.                        cease sound production during
                                                   2009). The opposite process is                             Disruption of feeding behavior can be              production of aversive signals (Bowles
                                                   sensitization, when an unpleasant                       difficult to correlate with anthropogenic             et al., 1994).
                                                   experience leads to subsequent                          sound exposure, so it is usually inferred                Avoidance is the displacement of an
                                                   responses, often in the form of                         by observed displacement from known                   individual from an area or migration
                                                   avoidance, at a lower level of exposure.                foraging areas, the appearance of                     path as a result of the presence of a
                                                   As noted, behavioral state may affect the               secondary indicators (e.g., bubble nets               sound or other stressors, and is one of
                                                   type of response. For example, animals                  or sediment plumes), or changes in dive               the most obvious manifestations of
                                                   that are resting may show greater                       behavior. As for other types of                       disturbance in marine mammals
                                                   behavioral change in response to                        behavioral response, the frequency,                   (Richardson et al., 1995). For example,
                                                   disturbing sound levels than animals                    duration, and temporal pattern of signal              gray whales are known to change
                                                   that are highly motivated to remain in                  presentation, as well as differences in               direction—deflecting from customary
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                                                   an area for feeding (Richardson et al.,                 species sensitivity, are likely                       migratory paths—in order to avoid noise
                                                   1995; NRC 2003; Wartzok et al., 2003).                  contributing factors to differences in                from seismic surveys (Malme et al.,
                                                   Controlled experiments with captive                     response in any given circumstance                    1984). Avoidance may be short-term,
                                                   marine mammals have shown                               (e.g., Croll et al., 2001; Nowacek et al.;            with animals returning to the area once
                                                   pronounced behavioral reactions,                        2004; Madsen et al., 2006; Yazvenko et                the noise has ceased (e.g., Bowles et al.,
                                                   including avoidance of loud sound                       al., 2007). A determination of whether                1994; Goold 1996; Stone et al., 2000;
                                                   sources (Ridgway et al., 1997; Finneran                 foraging disruptions incur fitness                    Morton and Symonds 2002; Gailey et
                                                   et al., 2003). Observed responses of wild               consequences would require                            al., 2007). Longer-term displacement is


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                             22263

                                                   possible, however, which may lead to                    Consequently, a behavioral response                   Specifically, regarding survey patterns
                                                   changes in abundance or distribution                    lasting less than one day and not                     prior to the event and in relation to
                                                   patterns of the affected species in the                 recurring on subsequent days is not                   bathymetry, the vessel transited in a
                                                   affected region if habituation to the                   considered particularly severe unless it              north-south direction on the shelf break
                                                   presence of the sound does not occur                    could directly affect reproduction or                 parallel to the shore, ensonifying large
                                                   (e.g., Blackwell et al., 2004; Bejder et al.,           survival (Southall et al., 2007). Note that           areas of deep-water habitat prior to
                                                   2006; Teilmann et al., 2006).                           there is a difference between multi-day               operating intermittently in a
                                                      A flight response is a dramatic change               substantive behavioral reactions and                  concentrated area offshore from the
                                                   in normal movement to a directed and                    multi-day anthropogenic activities. For               stranding site; this may have trapped
                                                   rapid movement away from the                            example, just because an activity lasts               the animals between the sound source
                                                   perceived location of a sound source.                   for multiple days does not necessarily                and the shore, thus driving them
                                                   The flight response differs from other                  mean that individual animals are either               towards the lagoon system. The
                                                   avoidance responses in the intensity of                 exposed to activity-related stressors for             investigatory panel systematically
                                                   the response (e.g., directed movement,                  multiple days or, further, exposed in a               excluded or deemed highly unlikely
                                                   rate of travel). Relatively little                      manner resulting in sustained multi-day               nearly all potential reasons for these
                                                   information on flight responses of                      substantive behavioral responses.                     animals leaving their typical pelagic
                                                   marine mammals to anthropogenic                            Marine mammals are likely to avoid                 habitat for an area extremely atypical for
                                                   signals exist, although observations of                 the HRG survey activity, especially the               the species (i.e., a shallow lagoon
                                                   flight responses to the presence of                     naturally shy harbor porpoise, while the              system). Notably, this was the first time
                                                   predators have occurred (Connor and                     harbor seals might be attracted to them               that such a system has been associated
                                                   Heithaus 1996). The result of a flight                  out of curiosity. However, because the                with a stranding event. The panel also
                                                   response could range from brief,                        sub-bottom profilers and other HRG                    noted several site- and situation-specific
                                                   temporary exertion and displacement                     survey equipment operate from a                       secondary factors that may have
                                                   from the area where the signal provokes                 moving vessel, and the maximum radius                 contributed to the avoidance responses
                                                   flight to, in extreme cases, marine                     to the 160 dB harassment threshold is                 that led to the eventual entrapment and
                                                   mammal strandings (Evans and England                    less than 500 m, the area and time that               mortality of the whales. Specifically,
                                                   2001). However, it should be noted that                 this equipment would be affecting a                   shoreward-directed surface currents and
                                                   response to a perceived predator does                   given location is very small. Further,                elevated chlorophyll levels in the area
                                                   not necessarily invoke flight (Ford and                 once an area has been surveyed, it is not             preceding the event may have played a
                                                   Reeves 2008) and whether individuals                    likely that it will be surveyed again,                role (Southall et al., 2013). The report
                                                   are solitary or in groups may influence                 therefore reducing the likelihood of                  also notes that prior use of a similar
                                                   the response.                                           repeated HRG-related impacts within                   system in the general area may have
                                                      Behavioral disturbance can also                      the survey area. And while the drill ship             sensitized the animals and also
                                                   impact marine mammals in more subtle                    using DP thrusters will generally remain              concluded that, for odontocete
                                                   ways. Increased vigilance may result in                 stationary during geotechnical survey                 cetaceans that hear well in higher
                                                   costs related to diversion of focus and                 activities, the short duration (up to 75              frequency ranges where ambient noise is
                                                   attention (i.e., when a response consists               days) of the DP thruster use would                    typically quite low, high-power active
                                                   of increased vigilance, it may come at                  likely result in only short-term and                  sonars operating in this range may be
                                                   the cost of decreased attention to other                temporary avoidance of the area, rather               more easily audible and have potential
                                                   critical behaviors such as foraging or                  than permanent abandonment, by                        effects over larger areas than low
                                                   resting). These effects have generally not              marine mammals.                                       frequency systems that have more
                                                   been demonstrated for marine                               We have also considered the potential              typically been considered in terms of
                                                   mammals, but studies involving fish                     for severe behavioral responses such as               anthropogenic noise impacts. It is,
                                                   and terrestrial animals have shown that                 stranding and associated indirect injury              however, important to note that the
                                                   increased vigilance may substantially                   or mortality from DWW’s use of HRG                    relatively lower output frequency,
                                                   reduce feeding rates (e.g., Beauchamp                   survey equipment, on the basis of a                   higher output power, and complex
                                                   and Livoreil 1997; Fritz et al., 2002;                  2008 mass stranding of approximately                  nature of the system implicated in this
                                                   Purser and Radford 2011). In addition,                  one hundred melon-headed whales in a                  event, in context of the other factors
                                                   chronic disturbance can cause                           Madagascar lagoon system. An                          noted here, likely produced a fairly
                                                   population declines through reduction                   investigation of the event indicated that             unusual set of circumstances that
                                                   of fitness (e.g., decline in body                       use of a high-frequency mapping system                indicate that such events would likely
                                                   condition) and subsequent reduction in                  (12-kHz multibeam echosounder) was                    remain rare and are not necessarily
                                                   reproductive success, survival, or both                 the most plausible and likely initial                 relevant to use of lower-power, higher-
                                                   (e.g., Harrington and Veitch 1992; Daan                 behavioral trigger of the event, while                frequency systems more commonly used
                                                   et al., 1996; Bradshaw et al., 1998).                   providing the caveat that there is no                 for HRG survey applications. The risk of
                                                   However, Ridgway et al. (2006) reported                 unequivocal and easily identifiable                   similar events recurring may be very
                                                   that increased vigilance in bottlenose                  single cause (Southall et al., 2013). The             low, given the extensive use of active
                                                   dolphins exposed to sound over a five-                  investigatory panel’s conclusion was                  acoustic systems used for scientific and
                                                   day period did not cause any sleep                      based on (1) very close temporal and                  navigational purposes worldwide on a
                                                   deprivation or stress effects.                          spatial association and directed                      daily basis and the lack of direct
                                                      Many animals perform vital functions,                movement of the survey with the                       evidence of such responses previously
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                                                   such as feeding, resting, traveling, and                stranding event; (2) the unusual nature               reported.
                                                   socializing, on a diel cycle (24-hour                   of such an event coupled with
                                                   cycle). Disruption of such functions                    previously documented apparent                        Tolerance
                                                   resulting from reactions to stressors                   behavioral sensitivity of the species to                Numerous studies have shown that
                                                   such as sound exposure are more likely                  other sound types (Southall et al., 2006;             underwater sounds from industrial
                                                   to be significant if they last more than                Brownell et al., 2009); and (3) the fact              activities are often readily detectable by
                                                   one diel cycle or recur on subsequent                   that all other possible factors considered            marine mammals in the water at
                                                   days (Southall et al., 2007).                           were determined to be unlikely causes.                distances of many km. However, other


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                                                   22264                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   studies have shown that marine                          bottlenose dolphin) move quickly                      the threat of collisions between ships
                                                   mammals at distances more than a few                    through the water column and are often                and right whales around their migratory
                                                   km away often show no apparent                          seen riding the bow wave of large ships.              route and calving grounds.
                                                   response to industrial activities of                    Marine mammal responses to vessels                       Bottom disturbance associated with
                                                   various types (Miller et al., 2005). This               may include avoidance and changes in                  the proposed survey activities may
                                                   is often true even in cases when the                    dive pattern (NRC 2003).                              include vibracores, CPTs, and grab
                                                   sounds must be readily audible to the                      An examination of all known ship                   sampling to validate the seabed
                                                   animals based on measured received                      strikes from all shipping sources                     classification obtained from the
                                                   levels and the hearing sensitivity of that              (civilian and military) indicates vessel              multibeam echosounder/sidescan sonar
                                                   mammal group. Although various                          speed is a principal factor in whether a              data. Approximately 10 vibracores per
                                                   baleen whales, toothed whales, and (less                vessel strike results in death (Knowlton              day or 8 CPTs per day is expected,
                                                   frequently) pinnipeds have been shown                   and Kraus 2001; Laist et al., 2001;                   either one or the other (not both).
                                                   to react behaviorally to underwater                     Jensen and Silber 2003; Vanderlaan and                Impact on marine mammal habitat from
                                                   sound from sources such as airgun                       Taggart 2007). In assessing records with              these activities will be temporary,
                                                   pulses or vessels under some                            known vessel speeds, Laist et al. (2001)              insignificant, and discountable.
                                                   conditions, at other times, mammals of                  found a direct relationship between the                  Because of the temporary nature of
                                                   all three types have shown no overt                     occurrence of a whale strike and the                  the disturbance, the availability of
                                                   reactions (e.g., Malme et al., 1986;                    speed of the vessel involved in the                   similar habitat and resources (e.g., prey
                                                   Richardson et al., 1995; Madsen and                     collision. The authors concluded that                 species) in the surrounding area, and
                                                   Mohl 2000; Croll et al., 2001; Jacobs and               most deaths occurred when a vessel was                the lack of important or unique marine
                                                   Terhune 2002; Madsen et al., 2002;                      traveling in excess of 24.1 km/h (14.9                mammal habitat, the impacts to marine
                                                   Miller et al., 2005). In general,                       mph; 13 kts). Given the slow vessel                   mammals and the food sources that they
                                                   pinnipeds seem to be more tolerant of                   speeds and predictable course necessary               utilize are not expected to cause
                                                   exposure to some types of underwater                    for data acquisition, ship strike is                  significant or long-term consequences
                                                   sound than are baleen whales.                           unlikely to occur during the geophysical              for individual marine mammals or their
                                                   Richardson et al. (1995) found that                     and geotechnical surveys. Marine                      populations.
                                                   vessel sound does not seem to strongly                  mammals would be able to easily avoid
                                                   affect pinnipeds that are already in the                the applicant’s vessels due to the slow               Estimated Take by Incidental
                                                   water. Richardson et al. (1995) went on                 speeds and are likely already habituated              Harassment
                                                   to explain that seals on haul-outs                      to the presence of numerous vessels in                   This section provides an estimate of
                                                   sometimes respond strongly to the                       the area. Further, DWW shall implement                the number of incidental takes proposed
                                                   presence of vessels and at other times                  measures (e.g., vessel speed restrictions
                                                                                                                                                                 for authorization through this IHA,
                                                   appear to show considerable tolerance                   and separation distances; see Proposed
                                                                                                                                                                 which will inform both NMFS’
                                                   of vessels, and Brueggeman et al. (1992)                Mitigation Measures) set forth in the
                                                                                                                                                                 consideration of whether the number of
                                                   observed ringed seals (Pusa hispida)                    BOEM Lease to reduce the risk of a
                                                                                                                                                                 takes is ‘‘small’’ and the negligible
                                                   hauled out on ice pans displaying short-                vessel strike to marine mammal species
                                                                                                                                                                 impact determination.
                                                   term escape reactions when a ship                       in the Lease Area.
                                                                                                              There are no rookeries or mating                      Harassment is the only type of take
                                                   approached within 0.16–0.31 mi (0.25–
                                                                                                           grounds known to be biologically                      expected to result from these activities.
                                                   0.5 km). Due to the relatively high
                                                                                                           important to marine mammals within                    Except with respect to certain activities
                                                   vessel traffic in the Lease Area it is
                                                                                                           the proposed project area. However, this              not pertinent here, the MMPA defines
                                                   possible that marine mammals are
                                                                                                           area is an important feeding area for fin             ‘‘harassment’’ as: Any act of pursuit,
                                                   habituated to noise (e.g., DP thrusters)
                                                   from project vessels in the area.                       whales and an important migratory                     torment, or annoyance which (i) has the
                                                                                                           route for North Atlantic right whales                 potential to injure a marine mammal or
                                                   Vessel Strike                                           (Waring et al., 2016). There is no                    marine mammal stock in the wild (Level
                                                     Ship strikes of marine mammals can                    designated critical habitat for any ESA-              A harassment); or (ii) has the potential
                                                   cause major wounds, which may lead to                   listed marine mammals. Critical habitat               to disturb a marine mammal or marine
                                                   the death of the animal. An animal at                   for North Atlantic right whales is a                  mammal stock in the wild by causing
                                                   the surface could be struck directly by                 designated habitat that includes                      disruption of behavioral patterns,
                                                   a vessel, a surfacing animal could hit                  portions of Cape Cod Bay and                          including, but not limited to, migration,
                                                   the bottom of a vessel, or a vessel’s                   Stellwagen Bank, the Great South                      breathing, nursing, breeding, feeding, or
                                                   propeller could injure an animal just                   Channel (each off the coast of                        sheltering (Level B harassment).
                                                   below the surface. The severity of                      Massachusetts), and waters adjacent to                   Authorized takes would be by Level A
                                                   injuries typically depends on the size                  the coasts of Georgia and the east coast              and Level B harassment, in the form of
                                                   and speed of the vessel (Knowlton and                   of Florida. This critical habitat was                 disruption of behavioral patterns or PTS
                                                   Kraus 2001; Laist et al., 2001;                         revised in 2006 to include two foraging               for individual marine mammals
                                                   Vanderlaan and Taggart 2007).                           areas in the North Pacific Ocean—one in               resulting from exposure to HRG and
                                                     The most vulnerable marine mammals                    the Bering Sea and one in the Gulf of                 geotechnical surveys. Level A
                                                   are those that spend extended periods of                Alaska (71 FR 38277, July 6, 2006);                   harassment is only proposed to be
                                                   time at the surface in order to restore                 however, this is outside of the Project               authorized for harbor porpoise, harbor
                                                   oxygen levels within their tissues after                Area.                                                 seal, and gray seal during the use of the
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                                                   deep dives (e.g., the sperm whale). In                     NMFS’ regulations at 50 CFR part 224               sparker systems. Based on the small
                                                   addition, some baleen whales, such as                   designated the nearshore waters of the                Level A isopleths (Table 7) for all other
                                                   the North Atlantic right whale, seem                    Mid-Atlantic Bight as the Mid-Atlantic                sources and hearing groups, Level A
                                                   generally unresponsive to vessel sound,                 U.S. Seasonal Management Area (SMA)                   harassment is not anticipated. The death
                                                   making them more susceptible to vessel                  for right whales in 2008. Mandatory                   of a marine mammal is also a type of
                                                   collisions (Nowacek et al., 2004). These                vessel speed restrictions (less than 10               incidental take. However, as described
                                                   species are primarily large, slow moving                knots) are in place in that SMA from                  previously, no mortality is anticipated
                                                   whales. Smaller marine mammals (e.g.,                   November 1 through April 30 to reduce                 or proposed to be authorized for this


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                            22265

                                                   activity. Below we describe how the                      NMFS anticipates that impacts to                      (rms.)), which is generally determined
                                                   take is estimated for this project.                      marine mammals would be in the form                   by overlaying the area ensonified above
                                                     Project activities that have the                       of behavioral harassment potential PTS,               NMFS acoustic thresholds for
                                                   potential to harass marine mammals, as                   and no take by serious injury or                      harassment within a day with the
                                                   defined by the MMPA, include                             mortality is proposed.                                density of marine mammals, and
                                                   underwater noise from operation of the                     The basis for the take estimate is the              multiplying by the number of days.
                                                   HRG survey sub-bottom profilers and                      number of marine mammals that would                   NMFS’ current acoustic thresholds for
                                                   vibracores, and noise propagation                        be exposed to sound levels in excess of               estimating take are shown in Table 4
                                                   associated with the use of DP thrusters                  NMFS’ Level B harassment criteria for                 below.
                                                   during geotechnical survey activities                    impulsive noise (160 dB re 1 mPa (rms)
                                                   that require the use of a DP drill ship.                 and continuous noise (120 dB re 1 mPa

                                                                                                      TABLE 4—NMFS’S ACOUSTIC EXPOSURE CRITERIA
                                                                    Criterion                               Definition                                                Threshold

                                                   Level B harassment (underwater) ......       Behavioral disruption ..........   160 dB (impulsive source)/120 dB (continuous source) (rms).
                                                   Level B harassment (airborne) ...........    Behavioral disruption ..........   90 dB (harbor seals)/100 dB (other pinnipeds) (unweighted).



                                                      DWW took into consideration sound                        DWW estimated species densities                    Science Center (SEFSC), University of
                                                   sources using the potential operational                  within the proposed project area in                   North Carolina Wilmington (UNCW),
                                                   parameters, bathymetry, geoacoustic                      order to estimate the number of marine                Virginia Aquarium & Marine Science
                                                   properties of the Project Area, time of                  mammal exposures to sound levels                      Center (VAMSC)), the results of which
                                                   year, and marine mammal hearing                          above the 120 dB Level B harassment                   are freely available online at the Ocean
                                                   ranges. Results of a sound source                        threshold for continuous noise (i.e., DP              Biogeographic Information System
                                                   verification study in a nearby location                  thrusters and vibracore) and the 160 dB               Spatial Ecological Analysis of
                                                   (xx) showed that estimated maximum                       Level B harassment threshold for                      Megavertebrate Populations (OBIS–
                                                   distance to the 160 dB re 1 mPa (rms)                    intermittent, impulsive noise (i.e.,                  SEAMAP) repository. The datasets for
                                                   MMPA threshold for all water depths                      sparkers). Research indicates that                    each species were downloaded from
                                                   for the HRG survey sub-bottom profilers                  marine mammals generally have                         OBIS–SEAMAP and were modeled as
                                                   (the HRG survey equipment with the                       extremely fine auditory temporal                      estimated mean year-round abundance
                                                   greatest potential for effect on marine                  resolution and can detect each signal                 (number of individual animals) per grid
                                                   mammal) was approximately 447 m                          separately (e.g., Au et al., 1988; Dolphin            cell (100 km by 100 km) for most
                                                   from the source, which equated to a                      et al., 1995; Supin and Popov 1995;                   species. For certain species, the model
                                                                                                            Mooney et al., 2009b), especially for                 predicted monthly mean abundance
                                                   propagation loss coefficient of 20logR
                                                                                                            species with echolocation capabilities.               rather than mean year-round
                                                   (equivalent to spherical spreading). The
                                                                                                            Therefore, it is likely that marine                   abundance, for which the annual mean
                                                   estimated maximum critical distance to
                                                                                                            mammals would perceive the acoustic                   abundance was calculated using Spatial
                                                   the 120 dB re 1 mPa (rms) MMPA                           signals associated with the HRG survey                Analyst tools in ArcGIS. Based on the
                                                   threshold for all water depths for the                   equipment as being intermittent rather                annual mean abundance datasets, the
                                                   vibracore was approximately 1,778 from                   than continuous, and we base our takes                mean density (animals/km2) was
                                                   the source using spherical spreading.                    from these sources on exposures to the                calculated in ArcGIS by averaging the
                                                   For sparkers and vibracore, we doubled                   160 dB threshold.                                     abundance of animals within the Project
                                                   these distances to conservatively                           The data used as the basis for                     Area and dividing by 100 to get
                                                   account for the uncertainty in predicting                estimating cetacean density (‘‘D’’) for               animals/km2. The OPAREA Density
                                                   propagation loss in a similar but                        the Lease Area are sightings per unit                 Estimates (DoN 2007) used for pinniped
                                                   different location. The estimated                        effort (SPUE) derived by Duke                         densities were based on data collected
                                                   maximum critical distance to the 120 dB                  University (Roberts et al., 2016). For                through NMFS NWFSC aerial surveys
                                                   re 1 mPa (rms) MMPA threshold for all                    pinnipeds, the only available                         conducted between 1998 and 2005.
                                                   water depths for the drill ship DP                       comprehensive data for seal abundance                    The Zone of influence (ZOI) is the
                                                   thruster was approximately 500 m from                    is the Northeast Navy Operations Area                 extent of the ensonified zone in a given
                                                   the source based on hydroacoustic                        (OPAREA) Density Estimates (DoN                       day. The ZOI was calculated using the
                                                   modeling results (Subacoustech 2016).                    2007). SPUE (or, the relative abundance               following equations:
                                                   DWW and NMFS believe that these                          of species) is derived by using a                     • Stationary source (e.g. DP thruster and
                                                   estimates represent the a conservative                   measure of survey effort and number of                      vibracore): pr2
                                                   scenario and that the actual distances to                individual cetaceans sighted. SPUE                    • Mobile source (e.g. sparkers):
                                                   the Level B harassment threshold may                     allows for comparison between discrete                      (distance/day * 2r) + pr2
                                                   be shorter, as the calculated distance                   units of time (i.e. seasons) and space                   Where distance is the maximum
                                                   was doubled for the sparker system and                   within a project area (Shoop and                      survey trackline per day (110 km) and
                                                   vibracore, the SL for the sparker system                 Kenney, 1992). The Duke University                    r is the distance to the 160 dB (for
                                                   was conservatively based on a source
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                                                                                                            (Roberts et al., 2016) cetacean density               impulsive sources) and 120 dB (for non-
                                                   that was louder than the equipment                       data represent models derived from                    impulsive sources) isopleths. The
                                                   proposed for use in this project, and                    aggregating line-transect surveys                     isopleths for sparkers and vibracores
                                                   there are some sound measurements                        conducted over 23 years by 5                          were calculated using spherical
                                                   taken in the Northeast that suggest a                    institutions (NMFS Northeast Fisheries                spreading, and the resulting isopleths
                                                   higher spreading coefficient (which                      Science Center (NEFSC), New Jersey                    were doubled as a conservative
                                                   would result in a shorter distance) may                  Department of Environmental Protection                measure. The isopleths for the DP
                                                   be applicable.                                           (NJDEP), NMFS Southeast Fisheries                     thruster was calculated using a


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                                                   22266                                       Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   transmission loss coefficient of 11.12,                                  maximum distance of 894 m for the                      for DP thrusters. The ZOI of 0.782 km2
                                                   which was based on field verification                                    sparker system. The ZOI of 199.048 km2                 and the maximum DP thruster use
                                                   study results (Subacoustech 2016).                                       for the sparker system and the survey                  period of 75 days were used to estimate
                                                      Estimated takes were calculated by                                    period of a conservative 168 days,                     take from use of the DP thruster during
                                                   multiplying the species density (animals                                 which includes estimated weather                       geotechnical survey activities.
                                                   per km2) by the appropriate ZOI,                                         downtime, was used to estimate take
                                                   multiplied by the number of appropriate                                                                                           DWW used a distance to the 120 dB
                                                                                                                            from use of the HRG survey equipment
                                                   days (e.g. 168 for HRG activities or 75                                  during geophysical survey activities.                  Level B zone of 1,778 m, which was
                                                   days for geotechnical activities) of the                                 The ZOI is based on the worst case                     doubled to be conservative, for a
                                                   specified activity. A detailed                                           (since it assumes the higher powered                   maximum distance of 3,556 m for
                                                   description of the acoustic modeling                                     Dura-Spark 240 System sparker will be                  vibracore. The ZOI of 39.738 km2 and a
                                                   used to calculate zones of influence is                                  operating all the time) and a maximum                  maximum vibracore use period of 75
                                                   provided in DWW’s IHA application                                        survey trackline of 110 km (68 mi) per                 days were used to estimate take from
                                                   (also see the discussion in the                                          day. The resulting take estimates                      use of the vibracore during geotechnical
                                                   Mitigation section below).                                               (rounded to the nearest whole number)                  survey activities. The resulting take
                                                      DWW used a distance to the 160 dB                                     are presented in Table 5.                              estimates (rounded to the nearest whole
                                                   Level B threshold of 447 m, which was                                       DWW used a maximum distance to                      number) based upon these conservative
                                                   doubled to be conservative, for a                                        the 120 dB Level B threshold of 499 m                  assumptions are presented in Table 5.

                                                                    TABLE 5—ESTIMATED LEVEL B HARASSMENT TAKES FOR HRG AND GEOPHYSICAL SURVEY ACTIVITIES
                                                                                                                                                                                                Applied acoustics
                                                                                                                                                             HPC or                              100–1,000 joule     Total number
                                                                                    Equipment                                             Density           Rossfelder        DP thruster          Dura-Spark          of takes
                                                                                                                                                              Corer                                240 system

                                                   Sound Source (dB)                                                                                               185               150               213 dBrms
                                                   Number of Activity Days                                                                                          75                75                    168
                                                   Threshold                                                                                                RMS 120 dB        RMS 120 dB             RMS 160 dB

                                                   Species Common Name                                                                                       Level B Take Estimate (multiplied by number of
                                                                                                                                                                                days)

                                                                                                                            Odontoceti (Toothed Whales and Dolphins)

                                                   Sperm whale ..................................................................        0.00007657                      0                  0                   3                        3
                                                   Dwarf sperm whale ........................................................                    0.0                     0                  0                   0                        0
                                                   Pygmy sperm whale ......................................................                      0.0                     0                  0                   0                        0
                                                   Killer Whale ....................................................................               0                     0                  0                   0                        0
                                                   Pygmy killer whale .........................................................          0.00000895                      0                  0                   0                        0
                                                   False killer whale ...........................................................                  0                     0                  0                   3                        3
                                                   Northern bottlenose whale .............................................               0.00007786                      0                  0                   0                        0
                                                   Cuvier’s beaked whale ...................................................             0.00018441                      1                  0                   6                        7
                                                   Mesoplodon beaked whales (True’s, Gervais’,
                                                      Blainville’s, and Sowerby’s beaked whales) ..............                                   0                      0                  0                   0                        0
                                                   Melon-headed whale ......................................................                      0                      0                  0                   0                        0
                                                                                                                                                  0
                                                   Risso’s dolphin ...............................................................       0.00000221                      0                  0                   0                         0
                                                   Long-finned pilot whale ..................................................            0.00149747                      4                  0                  50                       54
                                                   Short-finned pilot whale .................................................                     0                      0                  0                   0                         0
                                                   Atlantic white-sided dolphin ...........................................              0.01444053                     43                  1                 483                     527
                                                   White-beaked dolphin ....................................................             0.00008411                      0                  0                   3                         3
                                                   Short-beaked common dolphin ......................................                    0.04027238                    120                  2               1,347   ........................
                                                   Atlantic spotted dolphin ..................................................           0.00006577                      0                  0                   2                         2
                                                   Pantropical spotted dolphin ...........................................                        0                      0                  0                   0                         0
                                                   Striped dolphin ...............................................................       0.00003174                      0                  0                   1                         1
                                                   Fraser’s dolphin .............................................................                 0                      0                  0                   0                         0
                                                   Rough toothed dolphin ...................................................                      0                      0                  0                   0                         0
                                                   Clymene dolphin ............................................................                   0                      0                  0                   0                         0
                                                   Spinner dolphin ..............................................................                 0                      0                  0                   0                         0
                                                   Common bottlenose dolphin ..........................................                   0.0115608                     34                  1                 387                       42
                                                   Harbor Porpoise .............................................................         0.03340904                    100                  2               1,117                  1,219

                                                                                                                                        Mysticeti (Baleen Whales)

                                                   Fin whale ........................................................................    0.00207529                      6                  0                  69                     75
                                                   Sei whale .......................................................................     0.00008766                      0                  0                   3                      3
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                                                   Minke whale ...................................................................       0.00046292                      1                  0                  15                     16
                                                   Blue whale .....................................................................      0.00000918                      0                  0                   0                      0
                                                   Humpback whale ...........................................................             0.0014806                      4                  0                  50                     54
                                                   North Atlantic right whale ...............................................            0.00295075                      9                  0                  99                    108

                                                                                                                                               Phocids (Seals)

                                                   Harbor seal ....................................................................     0.313166136                    933              18                10,472                11,423



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                                                                                               Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                               22267

                                                        TABLE 5—ESTIMATED LEVEL B HARASSMENT TAKES FOR HRG AND GEOPHYSICAL SURVEY ACTIVITIES—Continued
                                                                                                                                                                                                       Applied acoustics
                                                                                                                                                                    HPC or                              100–1,000 joule     Total number
                                                                                    Equipment                                                Density               Rossfelder        DP thruster          Dura-Spark          of takes
                                                                                                                                                                     Corer                                240 system

                                                   Gray seal ........................................................................      0.036336364                        108                  2               1,215           1,325



                                                     DWW’s requested take numbers are                                       different animal). These estimates do                           DWW used NMFS’ Guidance (NMFS
                                                   provided in Tables 7 and are also the                                    not account for prescribed mitigation                         2016) to determine sound exposure
                                                   number of takes NMFS is proposing to                                     measures that DWW would implement                             thresholds to determine when an
                                                   authorize. DWW’s calculations do not                                     during the specified activities and the                       activity that produces sound might
                                                   take into account whether a single                                       fact that shutdown/powerdown                                  result in impacts to a marine mammal
                                                   animal is harassed multiple times or                                     procedures shall be implemented if an                         such that a take by injury, in the form
                                                   whether each exposure is a different                                     animal enters within 200 m of the vessel                      of PTS, might occur. The functional
                                                   animal. Therefore, the numbers in Table                                  during any activity, and within 400 m                         hearing groups and the associated PTS
                                                   7 are the maximum number of animals                                      when the sparkers are operating, further                      onset acoustic thresholds are indicated
                                                   that may be harassed during the HRG                                      reducing the potential for any takes to                       in Table 6 below.
                                                   and geotechnical surveys (i.e., DWW                                      occur during these activities.
                                                   assumes that each exposure event is a

                                                                                                       TABLE 6—SUMMARY OF PTS ONSET ACOUSTIC THRESHOLDS 1
                                                                                                                                                                        PTS onset acoustic thresholds *
                                                                                                                                                                               (received level)
                                                                            Hearing group
                                                                                                                                                       Impulsive                                            Non-impulsive

                                                   Low-frequency cetaceans ..................................                Cell   1:   Lpk,flat:   219   dB;   LE,LF,24h: 183 dB ....   Cell   2: LE,LF,24h: 199 dB.
                                                   Mid-frequency cetaceans ...................................               Cell   3:   Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ...    Cell   4: LE,MF,24h: 198 dB.
                                                   High-frequency cetaceans ..................................               Cell   5:   Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ...    Cell   6: LE,HF,24h: 173 dB.
                                                   Phocid Pinnipeds (underwaters) ........................                   Cell   7:   Lpk,flat:   218   dB;   LE,PW,24h: 185 dB ..     Cell   8: LE,PW,24h: 201 dB.
                                                   Otariid Pinnipeds (underwater) ..........................                 Cell   9:   Lpk,flat:   232   dB;   LE,OW,24h: 203 dB ..     Cell   10: LE,OW,24h: 219 dB.
                                                      1 NMFS 2016.
                                                      * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul-
                                                   sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should
                                                   also be considered.


                                                     DWW used the user spreadsheet to                                       takes are only requested for harbor                           defined as non-impulsive static
                                                   calculate the isopleth for the loudest                                   porpoise, harbor seal, and gray seal                          continuous source with a source level of
                                                   sources (sparker, vibracore, DP thruster).                               (Table 8). The vibracore used the                             150 dB rms, Propagation loss of 11.12
                                                   The sparker was calculated with the                                      following parameters: Source level of                         based on the spectrograms for this
                                                   following conditions: Source level of                                    185 rms, distance of source level                             equipment (Subacoustech 2016), an
                                                   186 dB SEL, source velocity of 1.93                                      measurement at 1 m, duration of 1 hour,                       activity duration of 1 and 3 hours and
                                                   meters per second (m/s), repetition rate                                 propagation loss of 20, and weighting                         weighting factor adjustment of 1.7 and
                                                   of 2.48, and a weighting factor                                          factor adjustment of 1.7, 6.2, and 20                         5. Isopleths were less than 3 m for all
                                                   adjustment of 1.2 and 2.75 based on the                                  based on the spectrograms for this                            hearing groups (Table 7); therefore, no
                                                   appropriate broadband source. Isopleths                                  equipment. Isopleths are summarized in                        Level A takes were requested for this
                                                   were less than 1 m for all hearing groups                                Table 7 and no Level A takes are                              source (Table 8).
                                                   (Table 7) except high-frequency                                          requested during the use of the
                                                   cetaceans, which was 5.12 m. Level A                                     vibracore (Table 8). The DP thruster was
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                                                   22268                                        Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                            TABLE 7—MAXIMUM WORST-CASE DISTANCE (m) AND AREA (km2) TO THE LEVEL A AND LEVEL B THRESHOLDS
                                                           Hearing                SELcum            Equipment           Vibracore operations: HP Cor Rossfelder Corer                                             DP thruster                           800 Joule           Sparker
                                                            group                threshold                                                                                                                                                                 geo              system
                                                                                    (dB)                                                                                                                                                                resources
                                                                                                                                                                                                                                                         sparker

                                                                                                   Source PLS                                     185 dB       RMS                                                150 dB        RMS                    186 dB     SEL     186 dB     SEL


                                                                                                                                                               Level A

                                                                                 Threshold             WFA*                     1.7                      6.2                       20                       1.7                       5                    2.75                1.2
                                                                                                       (kHz)

                                                   Low-Frequency                          199     PTS Isopleth         11.97 m, 0                ......................    ......................   0.06 m, 0 km2            ......................   1.29 m, 0.283      1.30 m, 0.287
                                                     Cetaceans.                                     to threshold         km2.                                                                                                                           km2.               km2.
                                                                                                    (meters).
                                                   Mid-Frequency                          198                           ......................   ......................   12.96 m,                  ......................   0.03 m, 0 km2            0.02 m, 0.005
                                                     Cetaceans.                                                                                                              0.001 km2.                                                                 km2.
                                                   High-Frequency                         173                           ......................   ......................   207.58 m,                 ......................   2.17 m, 0 km2            5.12 m, 1.127
                                                     Cetaceans.                                                                                                              0.135 km2.                                                                 km2.
                                                   Phocid Pinnipeds ...                   201                           ......................   9.51 m, 0 km2            ......................    ......................   0.11 m, 0 km2            0.65 m, 0.144
                                                                                                                                                                                                                                                        km2.

                                                                                                                                                               Level B

                                                                                 Threshold         Source PLS                                     185 dB       RMS                                                150 dB        RMS                    213 dB   RMS       213 dB     RMS,


                                                   All Marine Mam-                        120     Level B Har-                               3,556 m, 39.74          km2                                       499 m, 0.78       km2
                                                      mals.                                         assment
                                                                                                    Distance.

                                                                                          160                                                                                                                                                         893 m,             893 m,
                                                                                                                                                                                                                                                        199.0481           199.0481
                                                                                                                                                                                                                                                        km2.               km2.

                                                      * Weighting Factor Adjustment.


                                                     Estimated Level A takes for all
                                                   geophysical and geotechnical activities
                                                   are summarized in Table 8 below.

                                                                    TABLE 8—ESTIMATED LEVEL A HARASSMENT TAKES FOR HRG AND GEOPHYSICAL SURVEY ACTIVITIES

                                                                                      Equipment                                                    Density                      HPC or Rossfelder Corer                               DP thruster                 Applied acoustics
                                                                                                                                                 (animal/km2)                                                                                                     100–1,000 joule
                                                                                                                                                                                                                                                                   Dura-Spark 240
                                                                                                                                                                                                                                                                       system

                                                   Sound Source (dB)                                                                                                                                185                                      150                        186 dBSEL

                                                   Weighting Factor Adjustment (kHz)                                                                                              1.7               6.2              20               1.7              5                  2.75

                                                   Number of Activity Days                                                                                                                          75                                         75                         168

                                                   Species Common Name                                                                                                             Take Estimate (multiplied by number of days and rounded to a
                                                                                                                                                                                                           whole number)

                                                   Harbor Porpoise .................................................................             0.03340904                   ............      ............          0          ............          0                   6
                                                   Harbor seal ........................................................................          0.313166136                  ............           0           ............    ............          0                   8
                                                   Gray seal ............................................................................        0.036336364                  ............           0           ............    ............          0                   1



                                                   Proposed Mitigation                                                        To ensure that the ‘‘least practicable                                               the practicability of the measures for
                                                                                                                            adverse impact’’ will be achieved,                                                     applicant implementation.
                                                     Under section 101(a)(5)(D) of the                                      NMFS evaluates mitigation measures in
                                                   MMPA, NMFS shall prescribe the                                                                                                                                  Proposed Mitigation Measures
                                                                                                                            consideration of the following factors in
                                                   permissible methods of taking by                                         relation to one another: The manner in                                                    With NMFS’ input during the
                                                   harassment pursuant to such activity,                                    which, and the degree to which, the                                                    application process, and as per the
                                                   and other means of effecting the least
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                                                                                                                            successful implementation of the                                                       BOEM Lease, DWW is proposing the
                                                   practicable adverse impact on such                                       measure(s) is expected to reduce                                                       following mitigation measures during
                                                   species or stock and its habitat, paying                                 impacts to marine mammals, marine                                                      site characterization surveys utilizing
                                                   particular attention to rookeries, mating                                mammal species or stocks, their habitat,                                               HRG survey equipment and use of the
                                                   grounds, and areas of similar                                            and their availability for subsistence                                                 DP thruster and vibracore. The
                                                   significance, and on the availability of                                 uses (latter where relevant); the proven                                               mitigation measures outlined in this
                                                   such species or stock for subsistence                                    or likely efficacy of the measures; and                                                section are based on protocols and
                                                   uses.                                                                                                                                                           procedures that have been successfully


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                           22269

                                                   implemented and resulted in no                          support the siting and monitoring of                  slow down or stop their vessels to avoid
                                                   observed take of marine mammals for                     marine species. During night operations,              striking these species. Survey vessel
                                                   similar offshore projects and previously                PAM (see Passive Acoustic Monitoring                  crew members responsible for
                                                   approved by NMFS (ESS 2013;                             requirements below) and night-vision                  navigation duties will receive site-
                                                   Dominion 2013 and 2014).                                equipment in combination with infrared                specific training on marine mammal
                                                                                                           technology will be used. Position data                sighting/reporting and vessel strike
                                                   Marine Mammal Exclusion Zones
                                                                                                           will be recorded using hand-held or                   avoidance measures. Vessel strike
                                                     Protected species observers (PSOs)                    vessel global positioning system (GPS)                avoidance measures will include the
                                                   will monitor the following exclusion/                   units for each sighting.                              following, except under extraordinary
                                                   monitoring zones for the presence of                      The PSOs will begin observation of                  circumstances when complying with
                                                   marine mammals:                                         the exclusion zone(s) at least 60 minutes             these requirements would put the safety
                                                     • A 200-m exclusion zone during all                   prior to ramp-up of HRG survey                        of the vessel or crew at risk:
                                                   geophysical and geotechnical operations                 equipment. Use of noise-producing                        • All vessel operators will comply
                                                     • A 400-m exclusion zone during the                   equipment will not begin until the                    with 10 knot (<18.5 km per hour [km/
                                                   use of sparkers.                                        exclusion zone is clear of all marine                 h]) speed restrictions in any Dynamic
                                                     These exclusion zones are exclusion                   mammals for at least 60 minutes, as per               Management Area (DMA).
                                                   zone specified in stipulations of the                   the requirements of the BOEM Lease.                      • All survey vessels will maintain a
                                                   OCS–A 0486 Lease Agreement.                               If a marine mammal is detected                      separation distance of 500 m or greater
                                                   Visual Monitoring                                       approaching or entering the 200-m or                  from any sighted North Atlantic right
                                                                                                           400-m exclusion zones, the vessel                     whale.
                                                     Visual monitoring of the established                  operator would adhere to the shutdown
                                                   exclusion zone(s) s will be performed by                                                                         • If underway, vessels must steer a
                                                                                                           (during HRG survey) or powerdown                      course away from any sited North
                                                   qualified and NMFS-approved PSOs,                       (during DP thruster use) procedures
                                                   the resumes of whom will be provided                                                                          Atlantic right whale at 10 knots (<18.5
                                                                                                           described below to minimize noise                     km/h) or less until the 500 m minimum
                                                   to NMFS for review and approval prior                   impacts on the animals.
                                                   to the start of survey activities. Observer                                                                   separation distance has been
                                                                                                             At all times, the vessel operator will              established. If a North Atlantic right
                                                   qualifications will include direct field                maintain a separation distance of 500 m
                                                   experience on a marine mammal                                                                                 whale is sited in a vessel’s path, or
                                                                                                           from any sighted North Atlantic right                 within 100 m to an underway vessel, the
                                                   observation vessel and/or aerial surveys                whale as stipulated in the Vessel Strike
                                                   in the Atlantic Ocean/Gulf of Mexico.                                                                         underway vessel must reduce speed and
                                                                                                           Avoidance procedures described below.                 shift the engine to neutral. Engines will
                                                   An observer team comprising a                           These stated requirements will be
                                                   minimum of four NMFS-approved PSOs                                                                            not be engaged until the North Atlantic
                                                                                                           included in the site-specific training to             right whale has moved outside of the
                                                   and two certified Passive Acoustic                      be provided to the survey team.
                                                   Monitoring (PAM) operators (PAM                                                                               vessel’s path and beyond 100 m. If
                                                   operators will not function as PSOs),                   Passive Acoustic Monitoring                           stationary, the vessel must not engage
                                                   operating in shifts, will be stationed                     As per the BOEM Lease, alternative                 engines until the North Atlantic right
                                                   aboard the survey vessel. PSOs and                      monitoring technologies (e.g., active or              whale has moved beyond 100 m.
                                                   PAM operators will work in shifts such                  passive acoustic monitoring) are                         • All vessels will maintain a
                                                   that no one monitor will work more                      required if a Lessee intends to conduct               separation distance of 100 m or greater
                                                   than 4 consecutive hours without a 2-                   geophysical surveys at night or when                  from any sighted non-delphinoid (i.e.,
                                                   hour break or longer than 12 hours                      visual observation is otherwise                       mysticetes and sperm whales)
                                                   during any 24-hour period. Each PSO                     impaired. To support 24-hour HRG                      cetaceans. If sighted, the vessel
                                                   will monitor 360 degrees of the field of                survey operations, DWW will include                   underway must reduce speed and shift
                                                   vision.                                                 PAM as part of the project monitoring                 the engine to neutral and must not
                                                     PSOs will be responsible for visually                 during nighttime operations to provide                engage the engines until the non-
                                                   monitoring and identifying marine                       for optimal acquisition of species                    delphinoid cetacean has moved outside
                                                   mammals approaching or within the                       detections at night.                                  of the vessel’s path and beyond 100 m.
                                                   established exclusion zone(s) during                       Given the range of species that could              If a survey vessel is stationary, the
                                                   survey activities. It will be the                       occur in the Project Area, the PAM                    vessel will not engage engines until the
                                                   responsibility of the Lead PSO on duty                  system will consist of an array of                    non-delphinoid cetacean has moved out
                                                   to communicate the presence of marine                   hydrophones with both broadband                       of the vessel’s path and beyond 100 m.
                                                   mammals as well as to communicate                       (sampling mid-range frequencies of 2                     • All vessels will maintain a
                                                   and enforce the action(s) that are                      kHz to 200 kHz) and at least one low-                 separation distance of 50 m or greater
                                                   necessary to ensure mitigation and                      frequency hydrophone (sampling range                  from any sighted delphinoid cetacean.
                                                   monitoring requirements are                             frequencies of 75 Hz to 30 kHz). The                  Any vessel underway will remain
                                                   implemented as appropriate. PAM                         PAM operator(s) will monitor the                      parallel to a sighted delphinoid
                                                   operators will communicate detected                     hydrophone signals for detection of                   cetacean’s course whenever possible
                                                   vocalizations to the Lead PSO on duty,                  marine mammals in real time both                      and avoid excessive speed or abrupt
                                                   who will then be responsible for                        aurally (using headphones) and visually               changes in direction. Any vessel
                                                   implementing the necessary mitigation                   (via the monitor screen displays). PAM                underway reduces vessel speed to 10
                                                   procedures.                                             operators will communicate detections                 knots or less when pods (including
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                                                     PSOs will be equipped with                            to the Lead PSO on duty who will                      mother/calf pairs) or large assemblages
                                                   binoculars and have the ability to                      ensure the implementation of the                      of delphinoid cetaceans are observed.
                                                   estimate distances to marine mammals                    appropriate mitigation measure.                       Vessels may not adjust course and speed
                                                   located in proximity to the vessel and/                                                                       until the delphinoid cetaceans have
                                                   or exclusion zone using range finders.                  Vessel Strike Avoidance                               moved beyond 50 m and/or abeam (i.e.,
                                                   Reticulated binoculars will also be                       DWW will ensure that vessel                         moving away and at a right angle to the
                                                   available to PSOs for use as appropriate                operators and crew maintain a vigilant                centerline of the vessel) of the underway
                                                   based on conditions and visibility to                   watch for cetaceans and pinnipeds and                 vessel.


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                                                   22270                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                      • All vessels will maintain a                        5-minute period. If marine mammals are                mechanical or electronic failure,
                                                   separation distance of 50 m (164 ft) or                 detected within the HRG survey                        resulting in in the cessation of sound
                                                   greater from any sighted pinniped.                      exclusion zone prior to or during the                 source for a period greater than 20
                                                      The training program will be provided                ramp-up, activities will be delayed until             minutes, a restart for the HRG survey
                                                   to NMFS for review and approval prior                   the animal(s) has moved outside the                   equipment (including the sub-bottom
                                                   to the start of surveys. Confirmation of                monitoring zone and no marine                         profiler) is required using the full ramp-
                                                   the training and understanding of the                   mammals are detected for a period of 60               up procedures and clearance of the
                                                   requirements will be documented on a                    minutes.                                              exclusion zone of all cetaceans and
                                                   training course log sheet. Signing the log                The DP vessel thrusters will be                     pinnipeds for 60 minutes. If the pause
                                                   sheet will certify that the crew members                engaged from the time the vessel leaves               is less than 20 minutes, the equipment
                                                   understand and will comply with the                     the dock to support the safe operation                may be restarted as soon as practicable
                                                   necessary requirements throughout the                   of the vessel and crew while conducting               at its operational level as long as visual
                                                   survey event.                                           geotechnical survey activities and                    surveys were continued diligently
                                                                                                           require use as necessary. Therefore,                  throughout the silent period and the
                                                   Seasonal Operating Requirements
                                                                                                           there is no opportunity to engage in a                exclusion zone remained clear of
                                                     Between watch shifts, members of the                  ramp-up procedure.                                    cetaceans and pinnipeds. If the visual
                                                   monitoring team will consult the NMFS                                                                         surveys were not continued diligently
                                                   North Atlantic right whale reporting                    Shutdown and Powerdown
                                                                                                                                                                 during the pause of 20 minutes or less,
                                                   systems for the presence of North                          HRG Survey—The exclusion zone(s)                   a restart of the HRG survey equipment
                                                   Atlantic right whales throughout survey                 around the noise-producing activities                 (including the sub-bottom profiler) is
                                                   operations. The proposed survey                         (HRG and geotechnical survey                          required using the full ramp-up
                                                   activities will, however, occur outside                 equipment) will be monitored, as                      procedures and clearance of the
                                                   of the seasonal management area (SMA)                   previously described, by PSOs and at                  exclusion zone for all cetaceans and
                                                   located off the coasts of Delaware and                  night by PAM operators for the presence               pinnipeds for 60 minutes.
                                                   New Jersey. The proposed survey                         of marine mammals before, during, and                    Geotechnical Survey (DP Thrusters)—
                                                   activities will also occur in June/July                 after any noise-producing activity. The               During geotechnical survey activities, a
                                                   and September, which is outside of the                  vessel operator must comply                           constant position over the drill, coring,
                                                   seasonal mandatory speed restriction                    immediately with any call for shutdown                or CPT site must be maintained to
                                                   period for this SMA (November 1                         by the Lead PSO. Any disagreement                     ensure the integrity of the survey
                                                   through April 30).                                      should be discussed only after                        equipment. During DP vessel operations
                                                     Throughout all survey operations,                     shutdown.                                             if marine mammals enter or approach
                                                   DWW will monitor the NMFS North                            As per the BOEM Lease, if a non-                   the established exclusion zone, DWW
                                                   Atlantic right whale reporting systems                  delphinoid (i.e., mysticetes and sperm                proposes to reduce DP thruster to the
                                                   for the establishment of a DMA. If                      whales) cetacean is detected at or within             maximum extent possible, except under
                                                   NMFS should establish a DMA in the                      the established exclusion zone (200-m                 circumstances when ceasing DP thruster
                                                   Lease Area under survey, within 24                      exclusion zone during HRG surveys;                    use would compromise safety (both
                                                   hours of the establishment of the DMA,                  400-m exclusion zone during the                       human health and environmental) and/
                                                   DWW will work with NMFS to shut                         operation of the sparker), an immediate               or the integrity of the Project. Reducing
                                                   down and/or alter the survey activities                 shutdown of the survey equipment is                   thruster energy will effectively reduce
                                                   to avoid the DMA.                                       required. Subsequent restart of the                   the potential for exposure of marine
                                                                                                           survey equipment must use the ramp-up                 mammals to sound energy. Normal use
                                                   Ramp-Up
                                                                                                           procedures described above and may                    may resume when PSOs report that the
                                                      As per the BOEM Lease, a ramp-up                     only occur following clearance of the                 monitoring zone has remained clear of
                                                   procedure will be used for HRG survey                   exclusion zone for 60 minutes.                        marine mammals for a minimum of 60
                                                   equipment capable of adjusting energy                      As per the BOEM Lease, if a                        minutes since last the sighting.
                                                   levels at the start or re-start of HRG                  delphinoid cetacean or pinniped is                       Based on our evaluation of the
                                                   survey activities. A ramp-up procedure                  detected at or within the exclusion                   applicant’s proposed measures, as well
                                                   will be used at the beginning of HRG                    zone, the HRG survey equipment                        as other measures considered by NMFS,
                                                   survey activities in order to provide                   (including the sub-bottom profiler) must              NMFS has preliminarily determined
                                                   additional protection to marine                         be powered down to the lowest power                   that the proposed mitigation measures
                                                   mammals near the Project Area by                        output that is technically feasible.                  provide the means of effecting the least
                                                   allowing them to vacate the area prior                  Subsequent power up of the survey                     practicable impact on the affected
                                                   to the commencement of survey                           equipment must use the ramp-up                        species or stocks and their habitat,
                                                   equipment use. The ramp-up procedure                    procedures described above and may                    paying particular attention to rookeries,
                                                   will not be initiated during daytime,                   occur after (1) the exclusion zone is                 mating grounds, and areas of similar
                                                   nighttime, or periods of inclement                      clear of a delphinoid cetacean and/or                 significance.
                                                   weather if the exclusion zone cannot be                 pinniped for 60 minutes or (2) a
                                                   adequately monitored by the PSOs using                  determination by the PSO after a                      Proposed Monitoring and Reporting
                                                   the appropriate visual technology (e.g.,                minimum of 10 minutes of observation                    In order to issue an IHA for an
                                                   reticulated binoculars, night vision                    that the delphinoid cetacean or                       activity, section 101(a)(5)(D) of the
                                                   equipment) and/or PAM for a 60-minute                   pinniped is approaching the vessel or                 MMPA states that NMFS must set forth
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                                                   period. A ramp-up would begin with the                  towed equipment at a speed and vector                 requirements pertaining to the
                                                   power of the smallest acoustic HRG                      that indicates voluntary approach to                  monitoring and reporting of such taking.
                                                   equipment at its lowest practical power                 bow-ride or chase towed equipment.                    The MMPA implementing regulations at
                                                   output appropriate for the survey. The                     If the HRG sound source (including                 50 CFR 216.104(a)(13) indicate that
                                                   power would then be gradually turned                    the sub-bottom profiler) shuts down for               requests for incidental take
                                                   up and other acoustic sources added                     reasons other than encroachment into                  authorizations (ITAs) must include the
                                                   such that the source level would                        the exclusion zone by a marine mammal                 suggested means of accomplishing the
                                                   increase in steps not exceeding 6 dB per                including but not limited to a                        necessary monitoring and reporting that


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                           22271

                                                   will result in increased knowledge of                   NMFS-approved PSOs (see discussion                    for DP thruster use for all equipment
                                                   the species and of the level of taking or               of PSO qualifications and requirements                operating below 200 kHz. DWW must
                                                   impacts on populations of marine                        in Marine Mammal Exclusion Zones                      take acoustic measurements at a
                                                   mammals that are expected to be                         above).                                               minimum of two reference locations and
                                                   present in the proposed action area.                       The PSOs will begin observation of                 in a manner that is sufficient to
                                                   Effective reporting is critical both to                 the monitoring zone during all HRG                    establish source level (peak at 1 meter)
                                                   compliance as well as ensuring that the                 survey activities and all geotechnical                and distance to the 160 dB isopleths
                                                   most value is obtained from the required                operations where DP thrusters are                     (the B harassment zones for HRG
                                                   monitoring.                                             employed. Observations of the                         surveys) and 120 dB isopleth (the Level
                                                      Monitoring measures prescribed by                    monitoring zone will continue                         B harassment zone) for DP thruster use.
                                                   NMFS should contribute to improved                      throughout the survey activity and/or                 Sound measurements must be taken at
                                                   understanding of one or more of the                     while DP thrusters are in use. PSOs will              the reference locations at two depths
                                                   following general goals:                                be responsible for visually monitoring                (i.e., a depth at mid-water and a depth
                                                      • Occurrence of marine mammal                        and identifying marine mammals                        at approximately 1 meter (3.28 ft) above
                                                   species or stocks in the action area (e.g.,             approaching or entering the established               the seafloor).
                                                   presence, abundance, distribution,                      monitoring zone during survey                            DWW may use the results from its
                                                   density).                                               activities.                                           field-verification efforts to request
                                                      • Nature, scope, or context of likely                   Observations will take place from the              modification of the exclusion/
                                                   marine mammal exposure to potential                     highest available vantage point on the                monitoring zones for the HRG or
                                                   stressors/impacts (individual or                        survey vessel. General 360-degree                     geotechnical surveys. Any new
                                                   cumulative, acute or chronic), through                  scanning will occur during the                        exclusion/monitoring zone radius
                                                   better understanding of: (1) Action or                  monitoring periods, and target scanning               proposed by DWW must be based on the
                                                   environment (e.g., source                               by the PSO will occur when alerted of                 most conservative measurements (i.e.,
                                                   characterization, propagation, ambient                  a marine mammal presence.                             the largest safety zone configuration) of
                                                   noise); (2) affected species (e.g., life                   Data on all PSO observations will be               the target Level A or Level B harassment
                                                   history, dive patterns); (3) co-occurrence              recorded based on standard PSO                        acoustic threshold zones. The modified
                                                   of marine mammal species with the                       collection requirements. This will                    zone must be used for all subsequent
                                                   action; or (4) biological or behavioral                 include dates and locations of                        use of field-verified equipment. DWW
                                                   context of exposure (e.g., age, calving or              construction operations; time of                      must obtain approval from NMFS and
                                                   feeding areas).                                         observation, location and weather;                    BOEM of any new exclusion/monitoring
                                                      • Individual marine mammal                           details of the sightings (e.g., species, age          zone before it may be implemented, and
                                                   responses (behavioral or physiological)                 classification (if known), numbers,                   the IHA shall be modified accordingly.
                                                   to acoustic stressors (acute, chronic, or               behavior); and details of any observed
                                                                                                           ‘‘taking’’ (behavioral disturbances or                Proposed Reporting Measures
                                                   cumulative), other stressors, or
                                                   cumulative impacts from multiple                        injury/mortality). The data sheet will be               DWW will provide the following
                                                   stressors.                                              provided to both NMFS and BOEM for                    reports as necessary during survey
                                                      • How anticipated responses to                       review and approval prior to the start of             activities:
                                                   stressors impact either: (1) Long-term                  survey activities. In addition, prior to                • The Applicant will contact NMFS
                                                   fitness and survival of individual                      initiation of survey work, all crew                   and BOEM within 24 hours of the
                                                   marine mammals; or (2) populations,                     members will undergo environmental                    commencement of survey activities and
                                                   species, or stocks.                                     training, a component of which will                   again within 24 hours of the completion
                                                      • Effects on marine mammal habitat                   focus on the procedures for sighting and              of the activity.
                                                   (e.g., marine mammal prey species,                      protection of marine mammals. A                         • As per the BOEM Lease: Any
                                                   acoustic habitat, or other important                    briefing will also be conducted between               observed significant behavioral
                                                   physical components of marine                           the survey supervisors and crews, the                 reactions (e.g., animals departing the
                                                   mammal habitat).                                        PSOs, and DWW. The purpose of the                     area) or injury or mortality to any
                                                      • Mitigation and monitoring                          briefing will be to establish                         marine mammals must be reported to
                                                   effectiveness.                                          responsibilities of each party, define the            NMFS and BOEM within 24 hours of
                                                                                                           chains of command, discuss                            observation. Dead or injured protected
                                                   Proposed Monitoring Measures                            communication procedures, provide an                  species are reported to the NMFS
                                                     DWW submitted marine mammal                           overview of monitoring purposes, and                  Greater Atlantic Regional Fisheries
                                                   monitoring and reporting measures as                    review operational procedures.                        Office (GARFO) Stranding Hotline (800–
                                                   part of the IHA application. These                         Acoustic Field Verification—As per                 900–3622) within 24 hours of sighting,
                                                   measures may be modified or                             the requirements of the BOEM Lease,                   regardless of whether the injury is
                                                   supplemented based on comments or                       field verification of the exclusion/                  caused by a vessel. In addition, if the
                                                   new information received from the                       monitoring zones will be conducted to                 injury of death was caused by a
                                                   public during the public comment                        determine whether the proposed zones                  collision with a project related vessel,
                                                   period.                                                 correspond accurately to the relevant                 DWW must ensure that NMFS and
                                                     Visual Monitoring—Visual monitoring                   isopleths and are adequate to minimize                BOEM are notified of the strike within
                                                   of the established Level B harassment                   impacts to marine mammals. The details                24 hours. DWW must use the form
                                                   zones (200-m radius during all HRG and                  of the field verification strategy will be            included as Appendix A to Addendum
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                                                   geotechnical surveys (note that this is                 provided in a Field Verification Plan no              C of the Lease to report the sighting or
                                                   the same as the mitigation exclusion/                   later than 45 days prior to the                       incident. Additional reporting
                                                   shutdown zones established for HRG                      commencement of field verification                    requirements for injured or dead
                                                   and geotechnical survey sound sources);                 activities.                                           animals are described below
                                                   400-m radius during use of the sparker                     DWW must conduct field verification                (Notification of Injured or Dead Marine
                                                   system (note that this is the same as the               of the exclusion zone (the 160 dB                     Mammals).
                                                   exclusion zone established for sparker                  isopleth) for HRG survey equipment and                  • Notification of Injured or Dead
                                                   use) will be performed by qualified and                 the exclusion zone (the 120 dB isopleth)              Marine Mammals—In the unanticipated


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                                                   22272                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   event that the specified HRG and                        and the GARFO Regional Stranding                      incorporated into these analyses via
                                                   geotechnical activities lead to an injury               Coordinator, within 24 hours of the                   their impacts on the environmental
                                                   of a marine mammal (Level A                             discovery. DWW would provide                          baseline (e.g., as reflected in the
                                                   harassment) or mortality (e.g., ship-                   photographs or video footage (if                      regulatory status of the species,
                                                   strike, gear interaction, and/or                        available) or other documentation of the              population size and growth rate where
                                                   entanglement), DWW would                                stranded animal sighting to NMFS.                     known, ongoing sources of human-
                                                   immediately cease the specified                         DWW can continue its operations under                 caused mortality, or ambient noise
                                                   activities and report the incident to the               such a case.                                          levels).
                                                   Chief of the Permits and Conservation                      • Within 90 days after completion of                  As discussed in the Potential Effects
                                                   Division, Office of Protected Resources                 the marine site characterization survey               section, PTS, masking, non-auditory
                                                   and the NOAA GARFO Stranding                            activities, a technical report will be                physical effects, and vessel strike are
                                                   Coordinator. The report would include                   provided to NMFS and BOEM that fully                  not expected to occur. Further, once an
                                                   the following information:                              documents the methods and monitoring                  area has been surveyed, it is not likely
                                                      • Time, date, and location (latitude/                protocols, summarizes the data recorded               that it will be surveyed again, thereby
                                                   longitude) of the incident;                             during monitoring, estimates the                      reducing the likelihood of repeated
                                                      • Name and type of vessel involved;                  number of marine mammals that may                     impacts within the project area.
                                                      • Vessel’s speed during and leading                  have been taken during survey                            Potential impacts to marine mammal
                                                   up to the incident;                                     activities, and provides an                           habitat were discussed previously in
                                                      • Description of the incident;                       interpretation of the results and                     this document (see the Potential Effects
                                                      • Status of all sound source use in the              effectiveness of all monitoring tasks.                of the Specified Activity on Marine
                                                   24 hours preceding the incident;                        Any recommendations made by NMFS                      Mammals and their Habitat section).
                                                      • Water depth;                                       must be addressed in the final report                 Marine mammal habitat may be
                                                      • Environmental conditions (e.g.,                    prior to acceptance by NMFS.                          impacted by elevated sound levels and
                                                   wind speed and direction, Beaufort sea                     • In addition to the Applicant’s                   some sediment disturbance, but these
                                                   state, cloud cover, and visibility);                    reporting requirements outlined above,                impacts would be temporary. Feeding
                                                      • Description of all marine mammal                   DWW will provide an assessment report                 behavior is less likely to be significantly
                                                   observations in the 24 hours preceding                  of the effectiveness of the various                   impacted, as marine mammals appear to
                                                   the incident;                                           mitigation techniques, i.e. visual                    be less likely to exhibit behavioral
                                                      • Species identification or                          observations during day and night,                    reactions or avoidance responses while
                                                   description of the animal(s) involved;                  compared to the PAM detections/                       engaged in feeding activities
                                                      • Fate of the animal(s); and                         operations. This will be submitted as a               (Richardson et al., 1995). Additionally,
                                                      • Photographs or video footage of the                draft to NMFS and BOEM 30 days after                  prey species are mobile and are broadly
                                                   animal(s) (if equipment is available).                  the completion of the HRG and                         distributed throughout the Project Area;
                                                      Activities would not resume until                    geotechnical surveys and as a final                   therefore, marine mammals that may be
                                                   NMFS is able to review the                              version 60 days after completion of the               temporarily displaced during survey
                                                   circumstances of the event. NMFS                        surveys.                                              activities are expected to be able to
                                                   would work with DWW to minimize                                                                               resume foraging once they have moved
                                                   reoccurrence of such an event in the                    Negligible Impact Analysis and
                                                                                                                                                                 away from areas with disturbing levels
                                                   future. DWW would not resume                            Determinations
                                                                                                                                                                 of underwater noise. Because of the
                                                   activities until notified by NMFS.                         NMFS has defined negligible impact                 temporary nature of the disturbance,
                                                      In the event that DWW discovers an                   as an impact resulting from the                       and the availability of similar habitat
                                                   injured or dead marine mammal and                       specified activity that cannot be                     and resources in the surrounding area,
                                                   determines that the cause of the injury                 reasonably expected to, and is not                    the impacts to marine mammals and the
                                                   or death is unknown and the death is                    reasonably likely to, adversely affect the            food sources that they utilize are not
                                                   relatively recent (i.e., in less than a                 species or stock through effects on                   expected to cause significant or long-
                                                   moderate state of decomposition), DWW                   annual rates of recruitment or survival.              term consequences for individual
                                                   would immediately report the incident                   A negligible impact finding is based on               marine mammals or their populations.
                                                   to the Chief of the Permits and                         the lack of likely adverse effects on                 Furthermore, there are no rookeries or
                                                   Conservation Division, Office of                        annual rates of recruitment or survival               mating grounds known to be
                                                   Protected Resources and the GARFO                       (i.e., population-level effects). An                  biologically important to marine
                                                   Stranding Coordinator. The report                       estimate of the number of takes, alone,               mammals within the proposed project
                                                   would include the same information                      is not enough information on which to                 area. A biologically important feeding
                                                   identified in the paragraph above.                      base an impact determination. In                      area for fin whales East of Montauk
                                                   Activities would be able to continue                    addition to considering the authorized                Point (from March to October) and a
                                                   while NMFS reviews the circumstances                    number of marine mammals that might                   biologically important migratory route
                                                   of the incident. NMFS would work with                   be ‘‘taken’’ through harassment, NMFS                 effective March–April and November–
                                                   DWW to determine if modifications in                    considers other factors, such as the                  December for North Atlantic right
                                                   the activities are appropriate.                         likely nature of any responses (e.g.,                 whale, occur near the Project Area
                                                      In the event that DWW discovers an                   intensity, duration), the context of any              (LaBrecque, et al., 2015). However, there
                                                   injured or dead marine mammal and                       responses (e.g., critical reproductive                is only a small temporal overlap
                                                   determines that the injury or death is                  time or location, migration, etc.), as well           between the migratory biologically
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                                                   not associated with or related to the                   as effects on habitat, the status of the              important area (BIA) and the proposed
                                                   activities authorized in the IHA (e.g.,                 affected stocks, and the likely                       survey activities in November and
                                                   previously wounded animal, carcass                      effectiveness of the mitigation.                      December.
                                                   with moderate to advanced                               Consistent with the 1989 preamble for                    ESA-listed species for which takes are
                                                   decomposition, or scavenger damage),                    the NMFS implementing regulations (54                 proposed are North Atlantic right,
                                                   DWW would report the incident to the                    FR 40338; September 29, 1989), the                    sperm, sei and fin whales. Recent
                                                   Chief of the Permits and Conservation                   impacts from other past and ongoing                   estimates of abundance indicate a
                                                   Division, Office of Protected Resources,                anthropogenic activities are                          potential declining right whale


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                                                                                           Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                      22273

                                                   population; however, this may also be                             Additional vessel strike avoidance                         take estimates to impact annual rates of
                                                   due to low sighting rates in areas where                          requirements will further mitigate                         recruitment or survival, because
                                                   right whales were present in previous                             potential impacts to marine mammals                        although animals may temporarily avoid
                                                   years, due to a shift in habitat use                              during vessel transit to and within the                    the immediate area, they are not
                                                   patterns (Waring et al., 2016). There are                         Study Area.                                                expected to permanently abandon the
                                                   currently insufficient data to determine                             DWW did not request, and NMFS is                        area. Additionally, major shifts in
                                                   population trends for fin whale, sei                              not proposing, take of marine mammals                      habitat use, distribution, or foraging
                                                   whale, and sperm whale (Waring et al.,                            by serious injury or mortality. NMFS                       success, are not expected.
                                                   2015). There is no designated critical                            expects that most takes would be in the
                                                                                                                                                                                   Based on the analysis contained
                                                   habitat for any ESA-listed marine                                 form of a very small number of potential
                                                                                                                                                                                herein of the likely effects of the
                                                   mammals within the Project Area, and                              PTS takes, which would be expected to
                                                                                                                                                                                specified activity on marine mammals
                                                   most of the stocks for non-listed species                         be of a small degree, and short-term
                                                                                                                                                                                and their habitat, and taking into
                                                   proposed to be taken are not considered                           Level B behavioral harassment in the
                                                                                                                     form of brief startling reaction and/or                    consideration the implementation of the
                                                   depleted or strategic by NMFS under the
                                                                                                                     temporary avoidance of the area or                         proposed monitoring and mitigation
                                                   MMPA. Of the two non-listed species
                                                                                                                     decreased foraging (if such activity were                  measures, NMFS preliminarily finds
                                                   that are considered strategic for which
                                                                                                                     occurring)—reactions that are                              that the total marine mammal take from
                                                   take is requested (false killer whale and
                                                                                                                     considered to be of low severity and                       the proposed activity will have a
                                                   long-finned pilot whale), take is less
                                                                                                                     with no lasting biological consequences                    negligible impact on all affected marine
                                                   than one percent of the entire
                                                                                                                     (e.g., Southall et al., 2007). This is                     mammal species or stocks.
                                                   populations; therefore, the proposed site
                                                   characterization surveys will not have                            largely due to the short time scale of the                 Small Numbers
                                                   population-level effects, and we do not                           proposed activities, the low source
                                                   expect them to impact annual rates of                             levels and intermittent nature of many                       As noted above, only small numbers
                                                   recruitment or survival.                                          of the technologies proposed to be used,                   of incidental take may be authorized
                                                      The proposed mitigation measures are                           as well as the required mitigation.                        under Section 101(a)(5)(D) of the MMPA
                                                   expected to reduce the number and/or                                 NMFS concludes that exposures to                        for specified activities other than
                                                   severity of takes by (1) giving animals                           marine mammal species and stocks due                       military readiness activities. The MMPA
                                                   the opportunity to move away from the                             to DWW’s HRG and geotechnical survey                       does not define small numbers and so,
                                                   sound source before HRG survey                                    activities would result in only short-                     in practice, NMFS compares the number
                                                   equipment reaches full energy; (2)                                term and relatively infrequent effects to                  of individuals taken to the most
                                                   reducing the intensity of exposure                                individuals exposed and not of the type                    appropriate estimation of the relevant
                                                   within a certain distance by reducing                             or severity that would be expected to be                   species or stock size in our
                                                   the DP thruster power; and (3)                                    additive for the small portion of the                      determination of whether an
                                                   preventing animals from being exposed                             stocks and species likely to be exposed.                   authorization is limited to small
                                                   to sound levels that may cause injury.                            NMFS does not anticipate the proposed                      numbers of marine mammals.

                                                                  TABLE 9—SUMMARY OF POTENTIAL MARINE MAMMAL TAKES AND PERCENTAGE OF STOCKS AFFECTED
                                                                                                                                                       Requested            Requested                         Percentage of
                                                                                                                                                                                                  Stock
                                                                                                                                                      Level B take         Level A take                           stock
                                                                                             Species                                                                                            abundance
                                                                                                                                                      authorization        authorization                       potentially
                                                                                                                                                                                                 estimate
                                                                                                                                                          (no.)                (no.)                            affected

                                                   North Atlantic right whale (Eubalaena glacialis) ......................................                           108                   0            440           24.55
                                                   Fin Whale (Balaenoptera physalus) ........................................................                         75                   0          1,618            4.64
                                                   Sei whale (Balaenoptera borealis) ..........................................................                        3                   0            357             0.84
                                                   Humpback whale (Megaptera novaeangliae) ..........................................                                 54                   0            823             6.56
                                                   Minke whale (Balaenoptera acutorostrata) ..............................................                            16                   0          2,591             0.62
                                                   Sperm whale (Physeter macrocephalus) ................................................                               3                   0          2,288            0.13
                                                   False killer whale (Pseudorca crassidens) ..............................................                            3                   0            442            0.68
                                                   Cuvier’s beaked whale (Ziphius cavirostris) ............................................                            7                   0          6,532             0.11
                                                   Long-finned pilot whale (Globicephala melas) ........................................                              54                   0          5,636             0.96
                                                   Atlantic white-sided dolphin (Lagenorhynchus acutus) ...........................                                  527                   0         48,819            1.08
                                                   White-beaked dolphin (Lagenorhynhcus albirostris) ...............................                                   3                   0          2,003             0.15
                                                   Short beaked common Dolphin (Delphinus delphis) ...............................                                 1,469                   0         70,184             2.09
                                                   Atlantic spotted dolphin (Stenella frontalis) .............................................                         2                   0         44,715          0.0045
                                                   Striped dolphin (Stenella coruleoalba) ....................................................                         1                   0         54,807          0.0018
                                                   Bottlenose Dolphin (Tursiops truncatus) .................................................                         422                   0         77,532            0.54
                                                   Harbor Porpoise (Phocoena phocoena) ..................................................                          1219                    6         79,883             1.53
                                                   Harbor Seal1 (Phoca vitulina) ..................................................................               11,423                   8         75,834           15.07
                                                   Gray seal (Halichoerus grypus) ...............................................................                  1325                    1        505,000             0.26



                                                      The requested takes proposed to be                             striped dolphin, bottlenose dolphin, and                   percent of the North Atlantic right
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                                                   authorized for the HRG and                                        gray seal); 1.08 percent for Atlantic                      whale stock has calculated take
                                                   geotechnical surveys represent less than                          white-sided dolphin; 1.53 percent for                      proposed; however, this is for the entire
                                                   one percent for 11 stocks (sei whale,                             harbor porpoise; 2.09 percent for short-                   duration of the project activities (mid-
                                                   minke whale, sperm whale, false killer                            beaked common dolphin; 4.64 percent                        June through December), and while this
                                                   whale, Cuvier’s beaked whale, long-                               for fin whale; 6.56 percent for                            stock of right whales may be present in
                                                   finned pilot whale, white-beaked                                  humpback whale; and 15.07 percent for                      very low numbers in the winter months
                                                   dolphin, Atlantic spotted dolphin,                                harbor seal (Table 9). Just under 25                       (November and December) in this area,


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                                                   22274                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                   most animals have moved off the                         www.nmfs.noaa.gov/pr/permits/                         using sub-bottom profilers, vibracores,
                                                   feeding grounds and have moved to the                   incidental/energy_other.htm. NMFS is                  and dynamic positioning (DP) vessel
                                                   breeding grounds during this time. We                   also consulting internally on the                     thruster use during geotechnical
                                                   do not expect a large number of right                   issuance of an IHA under section                      activities.
                                                   whales to be in the area for nearly one                 101(a)(5)(D) of the MMPA for this                        4. The taking of any marine mammal
                                                   third of the project duration. Only                     activity. Following issuance of the                   in a manner prohibited under this IHA
                                                   repeated takes of some individuals are                  DWW’s IHA, the Biological Opinion                     must be reported immediately to NMFS
                                                   likely and this is an overestimate of the               may be amended to include an                          Greater Atlantic Regional Fisheries
                                                   number of individual right whales that                  incidental take exemption for these                   Office (GARFO), and NMFS Office of
                                                   may actually be impacted by project                     marine mammal species, as appropriate.                Protected Resources.
                                                   activities. However, we analyzed the                                                                             5. The Holder or designees must
                                                                                                           National Environmental Policy Act                     notify NMFS’ GARFO and Office of
                                                   potential for take of 25% of the
                                                                                                           (NEPA)                                                Protected Resources at least 24 hours
                                                   individual right whales in the context of
                                                   the anticipated effects described                         NMFS is preparing an Environmental                  prior to the seasonal commencement of
                                                   previously.                                             Assessment (EA) in accordance with the                the specified activity.
                                                      These take estimates represent the                   National Environmental Policy Act                        6. The holder of this Authorization
                                                   percentage of each species or stock that                (NEPA) and will consider comments                     must notify the Chief of the Permits and
                                                   could be taken by Level B behavioral                    submitted in response to this notice as               Conservation Division, Office of
                                                   harassment and are small numbers                        part of that process. The EA will be                  Protected Resources, or her designee at
                                                   relative to the affected species or stock               posted at http://www.nmfs.noaa.gov/pr/                least 24 hours prior to the start of survey
                                                   sizes. Further, the proposed take                       permits/incidental/energy_other.htm                   activities (unless constrained by the
                                                   numbers represent the instances of take                 once it is finalized.                                 date of issuance of this Authorization in
                                                   and are the maximum numbers of                                                                                which case notification shall be made as
                                                                                                           Proposed Authorization
                                                   individual animals that are expected to                                                                       soon as possible) at 301–427–8401 or to
                                                   be harassed during the project; it is                      As a result of these preliminary                   laura.mccue@noaa.gov.
                                                   possible that some exposures may occur                  determinations, NMFS proposes to issue                   7. Mitigation Requirements: The
                                                   to the same individual.                                 an IHA to DWW for conducting HRG                      Holder is required to abide by the
                                                      Based on the analysis contained                      survey activities and use of a vibracore              following mitigation conditions listed in
                                                   herein of the proposed activity                         system and DP vessel thrusters during                 7(a)–(f). Failure to comply with these
                                                   (including the proposed mitigation and                  geotechnical survey activities from June              conditions may result in the
                                                   monitoring measures) and the                            2017 through May 2018, provided the                   modification, suspension, or revocation
                                                   anticipated take of marine mammals,                     previously mentioned mitigation,                      of this IHA.
                                                   NMFS preliminarily finds that small                     monitoring, and reporting requirements                   (a) Marine Mammal Exclusion Zones:
                                                   numbers of marine mammals will be                       are incorporated. This section contains               Protected species observers (PSOs) shall
                                                   taken relative to the population size of                a draft of the IHA itself. The wording                monitor the following zones for the
                                                   the affected species or stocks.                         contained in this section is proposed for             presence of marine mammals:
                                                                                                           inclusion in the IHA (if issued).                        • A 200-m exclusion zone during
                                                   Unmitigable Adverse Impact Analysis                        Deepwater Wind, LLC (DWW) is                       HRG surveys is in operation.
                                                   and Determination                                       hereby authorized under section                          • A 400-m monitoring zone during
                                                     There are no relevant subsistence uses                101(a)(5)(D) of the Marine Mammal                     the use of sparker systems.
                                                   of the affected marine mammal stocks or                 Protection Act (16 U.S.C. 1371(a)(5)(D))                 • At all times, the vessel operator
                                                   species implicated by this action.                      and 50 CFR 216.107, to harass marine                  shall maintain a separation distance of
                                                   Therefore, NMFS has determined that                     mammals incidental to high-resolution                 500 m from any sighted North Atlantic
                                                   the total taking of affected species or                 geophysical (HRG) and geotechnical                    right whale as stipulated in the Vessel
                                                   stocks would not have an unmitigable                    survey investigations associated with                 Strike Avoidance procedures described
                                                   adverse impact on the availability of                   marine site characterization activities               below.
                                                   such species or stocks for taking for                   off the coast of New York in the area of                 Visual monitoring of the established
                                                   subsistence purposes.                                   the Commercial Lease of Submerged                     exclusion zone(s) shall be performed by
                                                                                                           Lands for Renewable Energy                            qualified and NMFS-approved protected
                                                   Endangered Species Act                                                                                        species observers (PSOs). An observer
                                                                                                           Development on the Outer Continental
                                                      Issuance of an MMPA authorization                    Shelf (OCS–A 0486) (the Lease Area)                   team comprising a minimum of four
                                                   requires compliance with the ESA.                       and along potential submarine cable                   NMFS-approved PSOs and two certified
                                                   Within the project area, fin, humpback,                 routes to a landfall location in                      Passive Acoustic Monitoring (PAM)
                                                   and North Atlantic right whale are listed               Easthampton, New York (Submarine                      operators, operating in shifts, shall be
                                                   as endangered under the ESA. Under                      Cable Corridor) (collectively, the Lease              stationed aboard either the survey vessel
                                                   section 7 of the ESA, BOEM consulted                    Area and Submarine Cable Corridor are                 or a dedicated PSO-vessel. PSOs shall
                                                   with NMFS on commercial wind lease                      the Project Area).                                    be equipped with binoculars and have
                                                   issuance and site assessment activities                    1. This Authorization is valid from                the ability to estimate distances to
                                                   on the Atlantic Outer Continental Shelf                 June 15, 2017, through June 14, 2018.                 marine mammals located in proximity
                                                   in Massachusetts, Rhode Island, New                        2. This Authorization is valid only for            to the vessel and/or exclusion zone
                                                   York and New Jersey Wind Energy                         HRG and geotechnical survey                           using range finders. Reticulated
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                                                   Areas. NOAA’s GARFO issued a                            investigations associated with marine                 binoculars will also be available to PSOs
                                                   Biological Opinion concluding that                      site characterization activities as                   for use as appropriate based on
                                                   these activities may adversely affect but               described in the Incidental Harassment                conditions and visibility to support the
                                                   are not likely to jeopardize the                        Authorization (IHA) application.                      siting and monitoring of marine species.
                                                   continued existence of fin whale,                          3. The holder of this authorization                During night operations, PAM (see
                                                   humpback whale, or North Atlantic                       (Holder) is hereby authorized to take the             Passive Acoustic Monitoring
                                                   right whale. The Biological Opinion can                 species listed in Table 1 incidental to               requirements below) and night-vision
                                                   be found online at http://                              HRG and geotechnical survey activities                equipment in combination with infrared


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                                                                                    Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                            22275

                                                   video monitoring shall be used. The                     output that is technically feasible.                  crew members responsible for
                                                   PSOs shall begin observation of the                     Subsequent power up of the survey                     navigation duties shall receive site-
                                                   exclusion zone(s) at least 60 minutes                   equipment must use the ramp-up                        specific training on marine mammal
                                                   prior to ramp-up of HRG survey                          procedures described above and may                    sighting/reporting and vessel strike
                                                   equipment. Use of noise-producing                       occur after (1) the exclusion zone is                 avoidance measures. Vessel strike
                                                   equipment shall not begin until the                     clear of a delphinoid cetacean and/or                 avoidance measures shall include the
                                                   exclusion zone is clear of all marine                   pinniped for 60 minutes or (2) a                      following, except under extraordinary
                                                   mammals for at least 60 minutes. If a                   determination by the PSO after a                      circumstances when complying with
                                                   marine mammal is seen approaching or                    minimum of 10 minutes of observation                  these requirements would put the safety
                                                   entering the 200-m or 400-m exclusion                   that the delphinoid cetacean or                       of the vessel or crew at risk:
                                                   zones, the vessel operator shall adhere                 pinniped is approaching the vessel or                    • All vessel operators shall comply
                                                   to the shutdown/powerdown                               towed equipment at a speed and vector                 with 10 knot (<18.5 km per hour (km/
                                                   procedures described below to                           that indicates voluntary approach to                  h)) speed restrictions in any Dynamic
                                                   minimize noise impacts on the animals.                  bow-ride or chase towed equipment. If                 Management Area (DMA). In addition,
                                                     (b) Ramp-Up: A ramp-up procedure                      the HRG sound source shuts down for                   all vessels operating from November 1
                                                   shall be used for HRG survey equipment                  reasons other than encroachment into                  through July 31 shall operate at speeds
                                                   capable of adjusting energy levels at the               the exclusion zone by a marine mammal                 of 10 knots (<18.5 km/h) or less.
                                                   start or re-start of HRG survey activities.             including but not limited to a
                                                   The ramp-up procedure shall not be                      mechanical or electronic failure,                        • All survey vessels shall maintain a
                                                   initiated during daytime, nighttime, or                 resulting in in the cessation of sound                separation distance of 500 m or greater
                                                   periods of inclement weather if the                     source for a period greater than 20                   from any sighted North Atlantic right
                                                   exclusion zone cannot be adequately                     minutes, a restart for the HRG survey                 whale.
                                                   monitored by the PSOs using the                         equipment is required using the full                     • If underway, vessels must steer a
                                                   appropriate visual technology (e.g.,                    ramp-up procedures and clearance of                   course away from any sited North
                                                   reticulated binoculars, night vision                    the exclusion zone of all cetaceans and               Atlantic right whale at 10 knots (<18.5
                                                   equipment) and/or PAM for a 60-minute                   pinnipeds for 60 minutes. If the pause                km/h) or less until the 500 m minimum
                                                   period. A ramp-up shall begin with the                  is less than 20 minutes, the equipment                separation distance has been
                                                   power of the smallest acoustic HRG                      may be restarted as soon as practicable               established. If a North Atlantic right
                                                   equipment at its lowest practical power                 at its operational level as long as visual            whale is sited in a vessel’s path, or
                                                   output appropriate for the survey. The                  surveys were continued diligently                     within 100 m to an underway vessel, the
                                                   power shall then be gradually turned up                 throughout the silent period and the                  underway vessel must reduce speed and
                                                   and other acoustic sources added such                   exclusion zone remained clear of                      shift the engine to neutral. Engines shall
                                                   that the source level would increase in                 cetaceans and pinnipeds. If the visual                not be engaged until the North Atlantic
                                                   steps not exceeding 6 dB per 5-minute                   surveys were not continued diligently                 right whale has moved outside of the
                                                   period. If a marine mammal is sighted                   during the pause of 20 minutes or less,               vessel’s path and beyond 100 m. If
                                                   within the HRG survey exclusion zone                    a restart of the HRG survey equipment                 stationary, the vessel must not engage
                                                   prior to or during the ramp-up, activities              is required using the full ramp-up                    engines until the North Atlantic right
                                                   shall be delayed until the animal(s) has                procedures and clearance of the                       whale has moved beyond 100 m.
                                                   moved outside the monitoring zone and                   exclusion zone for all cetaceans and                     • All vessels shall maintain a
                                                   no marine mammals are sighted for a                     pinnipeds for 60 minutes.                             separation distance of 100 m or greater
                                                   period of 60 minutes.                                      Geotechnical Survey (DP Thrusters)—                from any sighted non-delphinoid
                                                     (c) Shutdown and Powerdown                            During geotechnical survey activities if
                                                     HRG Survey—The exclusion zone(s)                                                                            cetacean (i.e., mysticetes and sperm
                                                                                                           marine mammals enter or approach the                  whales). If sighted, the vessel underway
                                                   around the noise-producing activities                   established 120 dB isopleth monitoring
                                                   HRG survey equipment will be                                                                                  must reduce speed and shift the engine
                                                                                                           zone, DWW shall reduce DP thruster to
                                                   monitored, as previously described, by                                                                        to neutral, and must not engage the
                                                                                                           the maximum extent possible, except
                                                   PSOs and at night by PAM operators for                                                                        engines until the non-delphinoid
                                                                                                           under circumstances when reducing DP
                                                   the presence of marine mammals before,                                                                        cetacean has moved outside of the
                                                                                                           thruster use would compromise safety
                                                   during, and after any noise-producing                                                                         vessel’s path and beyond 100 m. If a
                                                                                                           (both human health and environmental)
                                                   activity. The vessel operator must                                                                            survey vessel is stationary, the vessel
                                                                                                           and/or the integrity of the equipment.
                                                   comply immediately with any call for                                                                          shall not engage engines until the non-
                                                                                                           After decreasing thruster energy, PSOs
                                                   shutdown by the Lead PSO. If a non-                                                                           delphinoid cetacean has moved out of
                                                                                                           shall continue to monitor marine
                                                   delphinoid cetacean (i.e., mysticetes                                                                         the vessel’s path and beyond 100 m.
                                                                                                           mammal behavior and determine if the
                                                   and sperm whales) is detected at or                     animal(s) is moving towards or away                      • All vessels shall maintain a
                                                   within the established exclusion zone                   from the established monitoring zone. If              separation distance of 50 m or greater
                                                   (200-m exclusion zone during HRG                        the animal(s) continues to move towards               from any sighted delphinoid cetacean.
                                                   surveys; 400-m exclusion zone during                    the sound source then DP thruster use                 Any vessel underway shall remain
                                                   use of the sparker system), an                          shall remain at the reduced level.                    parallel to a sighted delphinoid
                                                   immediate shutdown of the HRG survey                    Normal use shall resume when PSOs                     cetacean’s course whenever possible,
                                                   equipment is required. Subsequent                       report that the marine mammals have                   and avoid excessive speed or abrupt
                                                   restart of the electromechanical survey                 moved away from and remained clear of                 changes in direction. Any vessel
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                                                   equipment must use the ramp-up                          the monitoring zone for a minimum of                  underway shall reduce vessel speed to
                                                   procedures described above and may                      60 minutes since the last sighting.                   10 knots or less when pods (including
                                                   only occur following clearance of the                      (d) Vessel Strike Avoidance: The                   mother/calf pairs) or large assemblages
                                                   exclusion zone for 60 minutes. If a                     Holder shall ensure that vessel operators             of delphinoid cetaceans are observed.
                                                   delphinoid cetacean or pinniped is                      and crew maintain a vigilant watch for                Vessels may not adjust course and speed
                                                   detected at or within the exclusion                     cetaceans and pinnipeds and slow down                 until the delphinoid cetaceans have
                                                   zone, the HRG survey equipment must                     or stop their vessels to avoid striking               moved beyond 50 m and/or abeam of
                                                   be powered down to the lowest power                     these protected species. Survey vessel                the underway vessel.


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                                                   22276                            Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices

                                                      • All vessels shall maintain a                       mammals visually, using laser range                      (a) The Holder shall contact NMFS
                                                   separation distance of 50 m (164 ft) or                 finders or by using reticulated                       (301–427–8401) and BOEM (703–787–
                                                   greater from any sighted pinniped.                      binoculars during daylight hours.                     1300) within 24 hours of the
                                                      (e) Seasonal Operating Requirements:                 During night operations, PSOs shall use               commencement of survey activities and
                                                   Between watch shifts members of the                     night-vision binoculars and infrared                  again within 24 hours of the completion
                                                   monitoring team shall consult the                       technology. Data on all PSO                           of the activity.
                                                   NMFS North Atlantic right whale                         observations will be recorded based on                   (b) Any observed significant
                                                   reporting systems for the presence of                   standard PSO collection requirements.                 behavioral reactions (e.g., animals
                                                   North Atlantic right whales throughout                  This will include dates and locations of              departing the area) or injury or mortality
                                                   survey operations. The proposed survey                  survey operations; time of observation,               to any marine mammals shall be
                                                   activities shall occur outside of the                   location and weather; details of the                  reported to NMFS and BOEM within 24
                                                   seasonal management area (SMA)                          sightings (e.g., species, age classification          hours of observation. Dead or injured
                                                   located off the coast of New Jersey and                 (if known), numbers, behavior); and                   protected species shall be reported to
                                                   Delaware and outside of the seasonal                    details of any observed ‘‘taking’’                    the NMFS GARFO Stranding Hotline
                                                   mandatory speed restriction period for                  (behavioral disturbances or injury/                   (800–900–3622) within 24 hours of
                                                   this SMA (November 1 through April                      mortality). In addition, prior to                     sighting, regardless of whether the
                                                   30). Throughout all survey operations,                  initiation of survey work, all crew                   injury is caused by a vessel. In addition,
                                                   the Holder shall monitor the NMFS                       members will undergo environmental                    if the injury of death was caused by a
                                                   North Atlantic right whale reporting                    training, a component of which will                   collision with a project related vessel,
                                                   systems for the establishment of a DMA.                 focus on the procedures for sighting and              the Holder shall ensure that NMFS and
                                                   If NMFS should establish a DMA in the                   protection of marine mammals                          BOEM are notified of the strike within
                                                   Lease Area under survey, within 24                         (b) Acoustic Field Verification—Field              24 hours. The Holder shall use the form
                                                   hours of the establishment of the DMA                   verification of the exclusion/monitoring              included as Appendix A to Addendum
                                                   the Holder shall work with NMFS to                      zones shall be conducted to determine                 C of the Lease to report the sighting or
                                                   shut down and/or alter the survey                       whether the proposed zones correspond                 incident. If the Holder is responsible for
                                                   activities to avoid the DMA.                            accurately to the relevant isopleths and              the injury or death, the vessel must
                                                      (f) Passive Acoustic Monitoring: To                  are adequate to minimize impacts to                   assist with any salvage effort as
                                                   support 24-hour survey operations, the                  marine mammals. The Holder shall                      requested by NMFS.
                                                   Holder shall include PAM as part of the                 conduct field verification of the                        Additional reporting requirements for
                                                   project monitoring during the                           exclusion/monitoring zone (the 160 dB                 injured or dead animals are described
                                                   geophysical survey during nighttime                     isolpleth) for HRG survey equipment                   below (Notification of Injured or Dead
                                                   operations, or as needed during periods                 and the monitoring/powerdown zone                     Marine Mammals).
                                                   when visual observations may be                         (the 120 dB isopleth) for DP thruster use                (c) Notification of Injured or Dead
                                                   impaired.                                               for all equipment operating below 200                 Marine Mammals
                                                      The PAM system shall consist of an                   kHz. The Holder shall take acoustic                      (i) In the unanticipated event that the
                                                   array of hydrophones with both                          measurements at a minimum of two                      specified HRG and geotechnical survey
                                                   broadband (sampling mid-range                           reference locations and in a manner that              activities lead to an injury of a marine
                                                   frequencies of 2 kHz to 200 kHz) and at                 is sufficient to establish source level               mammal (Level A harassment) or
                                                   least one low-frequency hydrophone                      (peak at 1 meter) and distance to the 160             mortality (e.g., ship-strike, gear
                                                   (sampling range frequencies of 75 Hz to                 dB isopleths (the B harassment zones for              interaction, and/or entanglement), the
                                                   30 kHz). The PAM operator(s) shall                      HRG surveys) and 120 dB isopleth (the                 Holder shall immediately cease the
                                                   monitor the hydrophone signals in real                  Level B harassment zone) for DP                       specified activities and report the
                                                   time both aurally (using headphones)                    thruster use. Sound measurements shall                incident to the Chief of the Permits and
                                                   and visually (via the monitor screen                    be taken at the reference locations at                Conservation Division, Office of
                                                   displays). PAM operators shall                          two depths (i.e., a depth at mid-water                Protected Resources, 301–427–8401,
                                                   communicate detections/vocalizations                    and a depth at approximately 1 meter                  and the NOAA GARFO Stranding
                                                   to the Lead PSO on duty who shall                       (3.28 ft) above the seafloor). The Holder             Coordinator, 978–281–9300. The report
                                                   ensure the implementation of the                        may use the results from its field-                   shall include the following information:
                                                   appropriate mitigation measure.                         verification efforts to request                          • Time, date, and location (latitude/
                                                      8. Monitoring Requirements: The                      modification of the exclusion/                        longitude) of the incident;
                                                   Holder is required to abide by the                      monitoring zones for the HRG or                          • Name and type of vessel involved;
                                                   following monitoring conditions listed                  geotechnical surveys. Any new                            • Vessel’s speed during and leading
                                                   in 8(a)–(b). Failure to comply with these               exclusion/monitoring zone radius                      up to the incident;
                                                   conditions may result in the                                                                                     • Description of the incident;
                                                                                                           proposed by the Holder shall be based                    • Status of all sound source use in the
                                                   modification, suspension, or revocation                 on the most conservative measurements                 24 hours preceding the incident;
                                                   of this IHA.                                            (i.e., the largest safety zone                           • Water depth;
                                                      (a) Visual Monitoring—Protected                      configuration) of the target Level A or                  • Environmental conditions (e.g.,
                                                   species observers (refer to the PSO                     Level B harassment acoustic threshold                 wind speed and direction, Beaufort sea
                                                   qualifications and requirements for                     zones. The modified zone shall be used                state, cloud cover, and visibility);
                                                   Marine Mammal Exclusion Zones                           for all subsequent use of field-verified                 • Description of all marine mammal
                                                   above) shall visually monitor the                       equipment. The Holder shall obtain                    observations in the 24 hours preceding
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                                                   established Level B harassment zones                    approval from NMFS and BOEM of any                    the incident;
                                                   (400-m radius during sparker use and                    new exclusion/monitoring zone before it                  • Species identification or
                                                   200-m radius during all other HRG and                   may be implemented and the IHA shall                  description of the animal(s) involved;
                                                   geotechnical surveys). The observers                    be modified accordingly.                                 • Fate of the animal(s); and
                                                   shall be stationed on the highest                          9. Reporting Requirements: The                        • Photographs or video footage of the
                                                   available vantage point on the                          Holder shall provide the following                    animal(s) (if equipment is available).
                                                   associated operating platform. PSOs                     reports as necessary during survey                       Activities shall not resume until
                                                   shall estimate distance to marine                       activities:                                           NMFS is able to review the


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                                                                                                Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Notices                                                                          22277

                                                   circumstances of the event. NMFS                                           carcass with moderate to advanced                                    report of the effectiveness of the various
                                                   would work with the Holder to                                              decomposition, or scavenger damage),                                 mitigation techniques, i.e. visual
                                                   minimize reoccurrence of such an event                                     the Holder shall report the incident to                              observations during day and night,
                                                   in the future. The Holder shall not                                        the Chief of the Permits and                                         compared to the PAM detections/
                                                   resume activities until notified by                                        Conservation Division, Office of                                     operations. This shall be submitted as a
                                                   NMFS.                                                                      Protected Resources, NMFS, 301–427–                                  draft to NMFS and BOEM 30 days after
                                                      (ii) In the event that the Holder                                       8401, and the NMFS GARFO Regional                                    the completion of the HRG and
                                                   discovers an injured or dead marine                                        Stranding Coordinator, 978–281–9300,                                 geotechnical surveys and as a final
                                                   mammal and determines that the cause                                       within 24 hours of the discovery. The                                version 60 days after completion of the
                                                   of the injury or death is unknown and                                      Holder shall provide photographs or                                  surveys.
                                                   the death is relatively recent (i.e., in less                              video footage (if available) or other
                                                   than a moderate state of decomposition),                                   documentation of the stranded animal                                   10. This Authorization may be
                                                   the Holder shall immediately report the                                    sighting.                                                            modified, suspended, or withdrawn if
                                                   incident to the Chief of the Permits and                                      (d) Within 90 days after completion of                            the Holder fails to abide by the
                                                   Conservation Division, Office of                                           the marine site characterization survey                              conditions prescribed herein or if NMFS
                                                   Protected Resources, 301–427–8401,                                         activities, a technical report shall be                              determines the authorized taking is
                                                   and the GARFO Stranding Coordinator,                                       provided to NMFS and BOEM that fully                                 having more than a negligible impact on
                                                   978–281–9300. The report shall include                                     documents the methods and monitoring                                 the species or stock of affected marine
                                                   the same information identified in the                                     protocols, summarizes the data recorded                              mammals.
                                                   paragraph above. Activities would be                                       during monitoring, estimates the                                       11. A copy of this Authorization and
                                                   able to continue while NMFS reviews                                        number of marine mammals that may                                    the Incidental Take Statement must be
                                                   the circumstances of the incident.                                         have been taken during survey                                        in the possession of each vessel operator
                                                   NMFS would work with the Holder to                                         activities, and provides an                                          taking marine mammals under the
                                                   determine if modifications in the                                          interpretation of the results and                                    authority of this Incidental Harassment
                                                   activities are appropriate.                                                effectiveness of all monitoring tasks.
                                                                                                                                                                                                   Authorization.
                                                      (iii) In the event that the Holder                                      Any recommendations made by NMFS
                                                   discovers an injured or dead marine                                        shall be addressed in the final report                                 12. The Holder is required to comply
                                                   mammal and determines that the injury                                      prior to acceptance by NMFS.                                         with the Terms and Conditions of the
                                                   or death is not associated with or related                                    (e) In addition to the Holder’s                                   Incidental Take Statement
                                                   to the activities authorized in the IHA                                    reporting requirements outlined above,                               corresponding to NMFS’ Biological
                                                   (e.g., previously wounded animal,                                          the Holder shall provide an assessment                               Opinion.

                                                                                                TABLE 1—SPECIES FOR WHICH TAKE IS PROPOSED TO BE AUTHORIZED
                                                                                                                                                                                                Requested           Requested          Percentage of
                                                                                                                                                                                               Level B take        Level A take            stock
                                                                                                                 Species                                                                       authorization       authorization        potentially
                                                                                                                                                                                                   (no.)               (no.)             affected

                                                   North Atlantic right whale (Eubalaena glacialis) ....................................................................                                 108                       0           24.55
                                                   Fin Whale (Balaenoptera physalus) ......................................................................................                               75                       0             4.64
                                                   Sei whale ...............................................................................................................................               3                       0             0.84
                                                   Humpback whale (Megaptera novaeangliae) ........................................................................                                       54                       0             6.56
                                                   Minke whale ...........................................................................................................................                16                       0             0.62
                                                   Sperm whale (Physeter macrocephalus) ..............................................................................                                     3                       0             0.13
                                                   False killer whale (Pseudorca crassidens) ............................................................................                                  3                       0             0.68
                                                   Cuvier’s beaked whale ..........................................................................................................                        7                       0             0.11
                                                   Long-finned pilot whale (Globicephala melas) ......................................................................                                    54                       0             0.96
                                                   Atlantic white-sided dolphin ...................................................................................................                      527                       0             1.08
                                                   White-beaked dolphin ............................................................................................................                       3                       0             0.15
                                                   Short beaked common Dolphin (Delphinus delphis) .............................................................                                       1,469                       0             2.09
                                                   Atlantic spotted dolphin (Stenella frontalis) ...........................................................................                               2                       0          0.0045
                                                   Striped dolphin (Stenella coruleoalba) ..................................................................................                               1                       0          0.0018
                                                   Bottlenose Dolphin (Tursiops truncatus) ...............................................................................                               422                       0             0.54
                                                   Harbor Porpoise (Phocoena phocoena) ................................................................................                                 1219                       6             1.53
                                                   Harbor Seal 1 (Phoca vitulina) ...............................................................................................                     11,423                       8           15.07
                                                   Gray seal (Halichoerus grypus) .............................................................................................                         1325                       1             0.27



                                                   Request for Public Comments                                                Commercial Lease of Submerged Lands                                  inform our final decision on DWW’s
                                                      NMFS requests comment on our                                            for Renewable Energy Development on                                  request for an MMPA authorization.
                                                   analysis, the draft authorization, and                                     the Outer Continental Shelf (OCS–A                                     Dated: May 9, 2017.
                                                   any other aspect of the Notice of                                          0486) and along potential submarine                                  Donna S. Wieting,
                                                                                                                              cable routes to a landfall location in
mstockstill on DSK30JT082PROD with NOTICES2




                                                   Proposed IHA for DWW’s proposed                                                                                                                 Director, Office of Protected Resources,
                                                   HRG and geotechnical survey                                                Easthampton, New York. Please include                                National Marine Fisheries Service.
                                                   investigations associated with marine                                      with your comments any supporting                                    [FR Doc. 2017–09706 Filed 5–10–17; 4:15 pm]
                                                   site characterization activities off the                                   data or literature citations to help                                 BILLING CODE 3510–22–P
                                                   coast of New York in the area of the




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Document Created: 2017-05-12 01:09:36
Document Modified: 2017-05-12 01:09:36
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; proposed incidental harassment authorization; request for comments.
DatesComments and information must be received no later than June 12, 2017.
ContactLaura McCue, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 22250 
RIN Number0648-XF11

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