83_FR_39215 83 FR 39062 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Unexploded Ordnance Investigation Survey off the Coast of Virginia

83 FR 39062 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Unexploded Ordnance Investigation Survey off the Coast of Virginia

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39062-39075
FR Document2018-16885

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Virginia Electric and Power Company d/b/a Dominion Energy Virginia (Dominion) for the take marine mammals, by harassment, incidental to high-resolution geophysical (HRG) surveys associated with unexploded ordnance investigation activities off the coast of Virginia in the area of the Research Lease of Submerged Lands for Renewable Energy Activities on the Outer Continental Shelf Offshore Virginia (OCS-A 0497) and coastal waters where one or more cable route corridors will be established (the Survey Area).

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39062-39075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16885]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG108


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Unexploded Ordnance Investigation 
Survey off the Coast of Virginia

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

ACTION: Notice; issuance of an incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an Incidental Harassment Authorization (IHA) to 
Virginia Electric and Power Company d/b/a Dominion Energy Virginia 
(Dominion) for the take marine mammals, by harassment, incidental to 
high-resolution geophysical (HRG) surveys associated with unexploded 
ordnance investigation activities off the coast of Virginia in the area 
of the Research Lease of Submerged Lands for Renewable Energy 
Activities on the Outer Continental Shelf Offshore Virginia (OCS-A 
0497) and coastal waters where one or more cable route corridors will 
be established (the Survey Area).

DATES: This Authorization is in effect for one year from the date of 
issuance.

FOR FURTHER INFORMATION CONTACT: Dale Youngkin, 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.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. 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 (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, or kill, or attempt to harass, hunt, capture, or kill any 
marine mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On March 7, 2018, NMFS received a request from Dominion for an IHA 
to take marine mammals incidental to high resolution geophysical (HRG) 
surveys off the coast of Virginia. The purpose of these surveys are to 
acquire data regarding the potential presence of UXO within the 
proposed construction and operational footprints of the Coastal 
Virginia Offshore Wind (CVOW) Project Area in the Lease Area and export 
cable route construction corridor (Survey Area). A revised application 
was received on April 26, 2018. NMFS deemed that request to be adequate 
and complete. Dominion's request is for take of nine marine mammal 
species by Level B harassment. Neither Dominion nor NMFS expects 
injury, serious injury or mortality to result from this activity and 
the activity is expected to last no more than one year, therefore, an 
IHA is appropriate.

[[Page 39063]]

Description of the Proposed Activity

Overview

    Dominion proposes to conduct marine site characterization surveys 
including HRG surveys to search for UXO in the marine environment of 
the approximately 2,135-acre Lease Area located offshore of Virginia 
(see Figure 1-1 in the IHA application). Additionally, an export cable 
route will be established between the Lease Area and Virginia Beach, 
identified as the Export Cable Route Area (see Figure 1 in the IHA 
application). See the IHA application for further information. The 
survey area consists of two 1-kilometer (km) X 1-km turbine position 
locations, a 2 km by 300 meter (m) Inter-array cable route connecting 
the two turbine position locations, and a 43-km X 300 m Export Corridor 
Route. For the purpose of this IHA, the survey area is designated as 
the Lease Area and cable route corridors. Water depths across the Lease 
Area are estimated to range from approximately 8 to 40 m (26 to 131 
feet (ft)) while the cable route corridors will extend to shallow water 
areas near landfall locations. Surveys would begin no earlier than 
August 1, 2018 and are anticipated to last for up to three months.
    The purpose of the marine site characterization surveys are to 
acquire data regarding the potential presence of UXO within the 
proposed construction and operational footprints of the CVOW Project 
Area (i.e., export cable construction corridor, inter-array cable area, 
and wind turbine positions) in accordance with the Bureau of Ocean 
Energy Management (BOEM) guidelines for archaeology surveys as well as 
geophysical activities. No removal of ordnance would be conducted as a 
part of the activities. Underwater sound resulting from Dominion's 
proposed HRG surveys for UXO have the potential to result in incidental 
take of marine mammals in the form of harassment.

Dates and Duration

    Surveys will last for approximately three months and are 
anticipated to commence no earlier than August 1, 2018. This schedule 
is based on 24-hour operations and includes potential down time due to 
inclement weather. Based on 24-hour operations, the estimated duration 
of the HRG survey activities would be approximately 60 days for the 
export cable route corridor and approximately 15 days each for the 
inter-array cable route and wind turbine positions.

Specific Geographic Region

    Dominion's survey activities will occur in the approximately 2,135-
acre Research Lease Area located off the coast of Virginia (see Figure 
1 in the IHA application). Additionally, a cable route corridor would 
be surveyed between the Lease Area and the coast of Virginia. The cable 
route corridor to be surveyed is anticipated to be 300 m wide and 43 km 
long. The wind turbine positions to be surveyed are twoapproximately 1 
km X 1 km square areas connected by an inter-array cable route that is 
300 m wide and 2 km in length.
    A detailed description of the planned survey activities, including 
types of survey equipment planned for use, is provided in the Federal 
Register notice for the proposed IHA (83 FR 26968; June 11, 2018). 
Since that time, no changes have been made to the planned activities 
and a detailed description is not repeated here. Please refer to that 
Federal Register notice for the description of the specific activity.

Comments and Responses

    NMFS published a notice of proposed IHA in the Federal Register on 
June 11, 2018 (83 FR 26968). During the 30-day public comment period, 
NMFS received one comment letter, which was from the Marine Mammal 
Commission (Commission). No other public comments were received. NMFS 
has posted the comment letter received online at: 
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. The following is 
a summary of the Commission comments received and NMFS's responses.
    Comment 1: The Commission notes that impulsive thresholds, rather 
than non-impulsive thresholds, were incorrectly used to model Level A 
harassment zones for the ultra-short baseline positioning system (UBPS) 
and sub-bottom profiler (SBP) sources, which resulted in overly 
conservative Level A harassment zones. The Commission states that NMFS 
should not permit applicants to arbitrarily choose which thresholds to 
use, and should prohibit applicants from using impulsive thresholds for 
non-impulsive sources.
    NMFS Response: NMFS appreciates the input from the Commission. We 
acknowledge the error, and have corrected it in this final notice 
(refer to Table 4) and IHA, and will ensure it does not happen again. 
Take by Level A harassment was not proposed for authorization based on 
the fact that it is not considered likely to occur, even based on the 
larger (more conservative) isopleths associated with the impulsive 
threshold. The use of the non-impulsive threshold does not change our 
findings or determinations under the MMPA.
    Comment 2: The Commission recommends that NMFS revise the extent of 
the Level A harassment zones for the Geo-Source sparker based on both 
the SPLpk and SELcum thresholds and for the 
GeoPulse SBP based on the SELcum threshold.
    NMFS Response: As stated above, the thresholds have been revised 
and are presented in Table 4 of this notice.
    Comment 3: The Commission continues to recommend that, until 
behavioral thresholds are updated, NMFS require applicants to use the 
120-decibel (dB) re 1 micropascal ([mu]Pa), rather than 160- dB re 
1[mu]Pa, behavioral harassment threshold for acoustic, non-impulsive 
sources (e.g., sub-bottom profilers/chirps, echosounders, and other 
sonars including side-scan and fish-finding).
    NMFS Response: As NMFS has said on numerous other responses to this 
recommendation, certain sub-bottom profiling systems are appropriately 
considered to be impulsive sources (e.g., boomers, sparkers); 
therefore, the threshold of 160 dB re 1[mu]Pa will continue to be used 
for those sources. Other source types referenced by the Commission 
produce signals that are not necessarily strictly impulsive; however, 
NMFS finds that the 160-dB root mean square (rms) threshold is most 
appropriate for use in evaluating potential behavioral impacts to 
marine mammals because the temporal characteristics (i.e., 
intermittency) of these sources are better captured by this threshold. 
The 120-dB threshold is associated with continuous sources and was 
derived based on studies examining behavioral responses to drilling and 
dredging. Continuous sounds are those whose sound pressure level 
remains above that of the ambient sound, with negligibly small 
fluctuations in level (NIOSH, 1998; ANSI, 2005). Examples of sounds 
that NMFS would categorize as continuous are those associated with 
drilling or vibratory pile driving activities. Intermittent sounds are 
defined as sounds with interrupted levels of low or no sound (NIOSH, 
1998). Thus, signals produced by these source types are not continuous 
but rather intermittent sounds. With regard to behavioral thresholds, 
we consider the temporal and spectral characteristics of signals 
produced by these source types to more closely resemble those of an 
impulse sound rather than a continuous sound. The threshold of 160

[[Page 39064]]

dB re 1[mu]Pa is typically associated with impulsive sources, which are 
inherently intermittent. Therefore, the 160 dB threshold (typically 
associated with impulsive sources) is more appropriate than the 120 dB 
threshold (typically associated with continuous sources) for estimating 
takes by behavioral harassment incidental to use of such sources.
    Comment 4: The Commission commented that harbor seals have been 
occurring in the Virginia area earlier in fall months. The Commission 
recommends that NMFS include at least five harbor seal takes and one 
gray seal take in the Final IHA to account for their potential 
occurrence in the project area.
    NMFS Response: NMFS has included the takes of five harbor seals and 
one gray seal, as recommended by the Commission.
    Comment 5: The Commission noted concerns with density information 
and take calculations and recommended the following: NMFS should (1) 
clarify why various densities were revised and ensure all are correct; 
(2) report densities and ensonified areas out to three significant 
digits to ensure takes were calculated properly; (3) include takes for 
Risso's dolphins based on average group size, noting that Dominion 
estimated 0.59 takes for this species, but did not request take while 
estimating ``similarly low numbers'' for pilot whales and requesting 
take for this species based on group size.
    NMFS Response: The densities were not revised and remain the same 
as were included in the notice for the proposed IHA (83 FR 26968, June 
11, 2018), with the exception of adding three decimal places, as 
requested by the Commission (refer to Table 6 of this notice). The 
Commission erroneously states that 0.59 takes of Risso's dolphins were 
calculated. As shown in the notice for the proposed IHA, only 0.08 
takes of Risso's dolphins were estimated based on calculations. 
Calculations of pilot whales estimated 1.15 takes. As Risso's dolphin 
calculations are so low as to not round up to one (1) take, and the 
applicant did not request take due to the low likelihood of 
encountering this species based on take estimates and lack of sighting 
data, NMFS did not propose takes, and is not authorizing takes for this 
species. However, calculated takes for pilot whales did estimate over 
one (1) take. Therefore, takes have been authorized for this species 
and the take estimate was adjusted to account for average group size 
for this species.
    Comment 6: The Commission recommended that NMFS refrain from 
authorizing Level B harassment takes of any low frequency (LF) 
cetacean, including humpback whales and minke whales. This 
recommendation is based on the fact that the sound source used to 
calculate the Level B harassment zone (Innomar sub-bottom profiler) 
operates at frequencies which are 50 kHz beyond the best hearing 
capabilities of these species, and the sound source with the largest 
Level B harassment zone within the best hearing range of LF cetaceans 
only has a 20 m Level B harassment isopleth.
    NMFS Response: NMFS has not authorized take of any LF cetaceans, as 
recommended by the Commission.
    Comment 7: The Commission continues to express concern that the 
method used to estimate the numbers of takes, which summed fractions of 
takes for each species across project days, does not account for and 
negates the intent of NMFS' 24-hour reset policy and recommended that 
NMFS share the rounding criteria with the Commission in an expeditious 
manner.
    NMFS Response: NMFS recently completed internal guidance on 
rounding and consideration of qualitative factors in the estimation of 
instances of take, and provided this information to the Commission. As 
discussed with the Commission, we believe that the methodology used for 
take calculation in this IHA remains appropriate and is not at odds 
with the 24-hour reset policy the Commission references.
    Comment 8: The Commission continues to request clarification 
regarding certain issues associated with NMFS' notice that one-year 
renewals could be issued in certain limited circumstances and expressed 
concern that the process would bypass the public notice and comment 
requirements. The Commission also suggested that NMFS should discuss 
the possibility of renewals through a more general route, such as a 
rulemaking, instead of notice in a specific authorization. The 
Commission further recommended that if NMFS did not pursue a more 
general route, that the agency provide the Commission and the public 
with a legal analysis supporting our conclusion that this process is 
consistent with the requirements of section 101(a)(5)(D) of the MMPA. 
The Commission also noted that NMFS had recently begun utilizing 
abbreviated notices, referencing relevant documents, to solicit public 
input and suggested that NMFS use these notices and solicit review in 
lieu of the currently proposed renewal process.
    NMFS Response: As stated in previous responses to this comment from 
the Commission, the process of issuing a renewal IHA does not bypass 
the public notice and comment requirements of the MMPA. The notice of 
the proposed IHA expressly notifies the public that under certain, 
limited conditions an applicant could seek a renewal IHA for an 
additional year. The notice describes the conditions under which such a 
renewal request could be considered and expressly seeks public comment 
in the event such a renewal is sought. Additional reference to this 
solicitation of public comment has recently been added at the beginning 
of the FR notices that consider renewals, requesting input specifically 
on the possible renewal itself. NMFS appreciates the streamlining 
achieved by the use of abbreviated FR notices and intends to continue 
using them for proposed IHAs that include minor changes from previously 
issued IHAs, but which do not satisfy the renewal requirements. 
However, we believe our proposed method for issuing renewals meets 
statutory requirements and maximizes efficiency.
    Importantly, such renewals would be limited to circumstances where: 
The activities are identical or nearly identical to those analyzed in 
the proposed IHA; monitoring does not indicate impacts that were not 
previously analyzed and authorized; and, the mitigation and monitoring 
requirements remain the same, all of which allow the public to comment 
on the appropriateness and effects of a renewal at the same time the 
public provides comments on the initial IHA. NMFS has, however, 
modified the language for future proposed IHAs to clarify that all 
IHAs, including renewal IHAs, are valid for no more than one year and 
that the agency would consider only one renewal for a project at this 
time. In addition, notice of issuance or denial of a renewal IHA would 
be published in the Federal Register, as they are for all IHAs. The 
option for issuing renewal IHAs has been in NMFS's incidental take 
regulations since 1996. We will provide any additional information to 
the Commission and consider posting a description of the renewal 
process on our website before any renewal is issued utilizing this 
process.

Description of Marine Mammals in the Area of Specified Activity

    Sections 3 and 4 of Dominion's IHA application summarize available 
information regarding status and trends, distribution and habitat 
preferences, and behavior and life history, of the potentially affected 
marine mammal species. Additional information regarding population 
trends and threats

[[Page 39065]]

may be found in NMFS's Stock Assessment Reports (SAR; 
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's 
website (www.fisheries.noaa.gov/species-directory).
    Table 1 lists all species with expected potential for occurrence in 
the survey area and summarizes information related to the population or 
stock, including regulatory status under the MMPA and Endangered 
Species Act (ESA) and potential biological removal (PBR), where known. 
For taxonomy, we follow Committee on Taxonomy (2017). PBR is 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 (as described in NMFS's SARs). While no mortality is 
anticipated or authorized here, PBR is included here as gross 
indicators of the status of the species and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. 2017 draft SARs (e.g., Hayes et al., 2018). All values 
presented in Table 2 are the most recent available at the time of 
publication and are available in the 2017 draft SARs (Hayes et al., 
2018).

                      Table 1--Marine Mammals With Potential Occurrence in the Survey Area
----------------------------------------------------------------------------------------------------------------
                                                     NMFS MMPA
                                                      and ESA                                    Occurrence and
          Common name                 Stock           status;     Stock abundance    PBR \3\     seasonality in
                                                   strategic (Y/   (CV,Nmin) \2\                the NW atlantic
                                                      N) \1\                                          OCS
----------------------------------------------------------------------------------------------------------------
                                           Toothed whales (Odontoceti)
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin    W. North Atlantic  -; N          48,819 (0.61;            304  rare.
 (Lagenorhynchus acutus).                                         30,403).
Atlantic spotted dolphin        W. North Atlantic  -; N          44,715 (0.43;            316  rare.
 (Stenella frontalis).                                            31,610).
Bottlenose dolphin (Tursiops    W. North           -; Y          3,751 (0.60;              23  Common year
 truncatus).                     Atlantic,                        2,353).                       round.
                                 Southern
                                 Migratory
                                 Coastal.
Clymene dolphin (Stenella       W. North Atlantic  -; N          Unknown (unk;          Undet  rare.
 clymene).                                                        unk; n/a).
Pantropical Spotted dolphin     W. North Atlantic  -; N          3,333 (0.91;              17  rare.
 (Stenella attenuata).                                            1,733).
Risso's dolphin (Grampus        W. North Atlantic  -; N          18,250 (0.46;            126  rare.
 griseus).                                                        12,619).
Common dolphin (Delphinus       W. North Atlantic  -; N          70,184 (0.28;            557  Common year
 delphis).                                                        55,690).                      round.
Striped dolphin (Stenella       W. North Atlantic  -; N          54,807 (0.3;             428  rare.
 coeruleoalba).                                                   42,804).
Spinner Dolphin (Stenella       W. North Atlantic  -; N          Unknown (unk;          Undet  rare.
 longirostris).                                                   unk; n/a).
Harbor porpoise (Phocoena       Gulf of Maine/Bay  -; N          79,833 (0.32;            706  Common year
 phocoena).                      of Fundy.                        61,415).                      round.
Killer whale (Orcinus orca)...  W. North Atlantic  -; N          Unknown (unk;          Undet  rare.
                                                                  unk; n/a).
False killer whale (Pseudorca   W. North Atlantic  -; Y          442 (1.06; 212)..        2.1  rare.
 crassidens).
Long-finned pilot whale         W. North Atlantic  -; Y          5,636 (0.63;              35  rare.
 (Globicephala melas).                                            3,464).
Short-finned pilot whale        W. North Atlantic  -; Y          21,515 (0.37;            159  rare.
 (Globicephala macrorhynchus).                                    15,913).
Sperm whale (Physeter           North Atlantic...  E; Y          2,288 (0.28;             3.6  Year round in
 macrocephalus).                                                  1,815).                       continental
                                                                                                shelf and slope
                                                                                                waters, occur
                                                                                                seasonally to
                                                                                                forage.
Pygmy sperm whale \4\ (Kogia    W. North Atlantic  -; N          3,785 (0.47;              26  rare.
 breviceps).                                                      2,598).
Dwarf sperm whale \4\ (Kogia    W. North Atlantic  -; N          3,785 (0.47;              26  rare.
 sima).                                                           2,598).
Cuvier's beaked whale (Ziphius  W. North Atlantic  -; N          6,532 (0.32;              50  rare.
 cavirostris).                                                    5,021).
Blainville's beaked whale \5\   W. North Atlantic  -; N          7,092 (0.54;              46  rare.
 (Mesoplodon densirostris).                                       4,632).
Gervais' beaked whale \5\       W. North Atlantic  -; N          7,092 (0.54;              46  rare.
 (Mesoplodon europaeus).                                          4,632).
True's beaked whale \5\         W. North Atlantic  -; N          7,092 (0.54;              46  rare.
 (Mesoplodon mirus).                                              4,632).
Sowerby's Beaked Whale \5\      W. North Atlantic  -; N          7,092 (0.54;              46  rare.
 (Mesoplodon bidens).                                             4,632).
Melon-headed whale              W. North Atlantic  -; N          Unknown (unk;          Undet  rare.
 (Peponocephala electra).                                         unk; n/a).
----------------------------------------------------------------------------------------------------------------
                                            Baleen whales (Mysticeti)
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera       Canadian East      -; N          2,591 (0.81;              14  Year round in
 acutorostrata).                 Coast.                           1,425).                       continental
                                                                                                shelf and slope
                                                                                                waters, occur
                                                                                                seasonally to
                                                                                                forage.

[[Page 39066]]

 
Blue whale (Balaenoptera        W. North Atlantic  E; Y          Unknown (unk;            0.9  Year round in
 musculus).                                                       440).                         continental
                                                                                                shelf and slope
                                                                                                waters, occur
                                                                                                seasonally to
                                                                                                forage.
Fin whale (Balaenoptera         W. North Atlantic  E; Y          1,618 (0.33;             2.5  Year round in
 physalus).                                                       1,234).                       continental
                                                                                                shelf and slope
                                                                                                waters, occur
                                                                                                seasonally to
                                                                                                forage.
Humpback whale (Megaptera       Gulf of Maine....  -; Y          335 (0.42; 239)..        3.7  Common year round
 novaeangliae).
North Atlantic right whale      W. North Atlantic  E; Y          458 (0; 455).....        1.4  Year round in
 (Eubalaena glacialis).                                                                         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).                                                                                     continental
                                                                                                shelf and slope
                                                                                                waters, occur
                                                                                                seasonally to
                                                                                                forage.
----------------------------------------------------------------------------------------------------------------
                                            Earless seals (Phocidae)
----------------------------------------------------------------------------------------------------------------
Gray seal \6\ (Halichoerus      W. North Atlantic  -; N          27,131 (0.10;          1,554  Unlikely.
 grypus).                                                         25,908).
Harbor seal (Phoca vitulina)..  W. North Atlantic  -; N          75,834 (0.15;          2,006  Common year
                                                                  66,884).                      round.
Hooded seal (Cystophora         W. North Atlantic  -; N          Unknown (unk;          Undet  rare.
 cristata).                                                       unk).
Harp seal (Phoca groenlandica)  North Atlantic...  -; N          Unknown (unk;          Undet  rare.
                                                                  unk).
----------------------------------------------------------------------------------------------------------------
\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 2017 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).
\4\ Abundance estimate includes both dwarf and pygmy sperm whales.
\5\ Abundance estimate includes all species of Mesoplodon in the Atlantic.
\6\ Abundance estimate applies to U.S. population only, actual abundance, including those occurring in Canada,
  is estimated at 505,000.

    All species that could potentially occur in the proposed survey 
areas are included in Table 1. However, the temporal and/or spatial 
occurrence for all but 11 of the species listed in Table 2 is such that 
take of these species is not expected to occur, and they are not 
discussed further beyond the explanation provided here. Take of these 
species is not anticipated either because they have very low densities 
in the project area, are known to occur further offshore or further 
north than the project area, or are considered very unlikely to occur 
in the project area during the proposed survey due to the species' 
seasonal occurrence in the area. The 11 species/stocks evaluated for 
incidental take in the proposed IHA included: North Atlantic right 
whale; humpback whale; fin whale; minke whale; Atlantic white-sided 
dolphin; common dolphin; bottlenose dolphin; Atlantic spotted dolphin; 
long-finned pilot whale; short-finned pilot whale; and harbor porpoise. 
However, as discussed below, takes for harbor seals and gray seals have 
been authorized as a result of consideration of public comment on the 
proposed IHA.
    Five marine mammal species listed in Table 2 are listed under the 
ESA and are known to be present, at least seasonally, in waters of the 
mid-Atlantic (sperm whale, north Atlantic right whale, fin whale, blue 
whale, and sei whale). All of these species are highly migratory and do 
not spend extended periods of time in the localized survey area. The 
offshore waters of Virginia (including the survey area) are primarily 
used as a migration corridor for these species, particularly north 
Atlantic right whales, during seasonal movements north or south between 
feeding and breeding grounds (Knowlton et al., 2002; Firestone et al., 
2008). While fin and north Atlantic right whales have the potential to 
occur within the survey area, sperm, blue, and sei whales are more 
pelagic and/or northern species and their presence within the survey 
area is unlikely (Waring et al., 2007; 2010; 2012; 2013) and these 
species are therefore not considered further in this analysis. In 
addition, the proposed IHA (83 FR 26968, June 11, 2018) noted that, 
while stranding data exists for harbor and gray seals along the mid-
Atlantic coast south of New Jersey, their preference for colder, 
northern waters during the survey period makes their presence in the 
survey area unlikely. Winter haulout sites for harbor seals have been 
identified within the Chesapeake Bay region. However, the proposed IHA 
noted that the seals were not expected to be present during the summer 
and fall months when the survey activities are planned (Waring et al., 
2016). In addition, the proposed IHA noted that coastal Virginia 
represents the southern extent of the habitat range for gray seals, 
with few stranding records reported and sightings only occur during 
winter months as far south as New Jersey (Waring et al., 2016). 
Therefore pinniped species were not considered for take in the proposed 
IHA. However, after review of public comments received on the proposed 
IHA that stated harbor seals and gray seals have more recently been 
observed to be present in the area earlier than expected, NMFS has 
added a small number of takes for these species out of an abundance of 
caution.
    A detailed description of the species likely to be affected by 
Dominion's UXO survey activities, including brief introductions to the 
species and relevant stocks as well as available information regarding 
population trends and threats, and information regarding local 
occurrence, were provided in the Federal Register notice for the 
proposed IHA (83 FR 26968; June 11, 2018); since that time, we are not 
aware of any changes in the status of these species

[[Page 39067]]

and stocks; therefore, detailed descriptions are not repeated here. 
Please refer to the Federal Register notice for the proposed IHA for 
descriptions of species. Please also refer to NMFS' website 
(www.fisheries.noaa.gov/species-directory) for generalized species 
accounts.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The potential effects of Dominion's UXO survey activities have the 
potential to result in incidental take of marine mammals by harassment 
in the vicinity of the survey area. The Federal Register notice for the 
proposed IHA (83 FR 26968; June 11, 2018) included a discussion of the 
potential effects of Dominion's UXO survey activities on marine mammals 
and their habitat, and that information is not repeated here; please 
refer to that Federal Register notice for that information. No 
instances of injury, serious injury, or mortality are expected as a 
result of the planned activities.

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized through this IHA, which informed both NMFS' consideration of 
``small numbers'' 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 B harassment only, as use of the 
HRG equipment has the potential to result in disruption of behavioral 
patterns for individual marine mammals. NMFS has determined take by 
Level A harassment is not an expected outcome of the proposed activity 
as discussed in greater detail below. As described previously, no 
mortality or serious injury is anticipated, nor is any authorized for 
this activity. Below we describe how the take is estimated for this 
project.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of permanent hearing impairment; (2) the area or volume of 
water that will be ensonified above these levels in a day; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. Below, we describe these 
components in more detail and present the take estimate.

Acoustic Thresholds

    NMFS uses acoustic thresholds that identify the received level of 
underwater sound above which exposed marine mammals would be reasonably 
expected to be behaviorally harassed (equated to Level B harassment) or 
to incur PTS of some degree (equated to Level A harassment).
    Level B Harassment--Though significantly driven by received level, 
the onset of behavioral disturbance from anthropogenic noise exposure 
is also informed to varying degrees by other factors related to the 
sound source (e.g., frequency, predictability, duty cycle); the 
environment (e.g., bathymetry); and the receiving animals (hearing, 
motivation, experience, demography, behavioral context); therefore can 
be difficult to predict (Southall et al., 2007, Ellison et al. 2011). 
NMFS uses a generalized acoustic threshold based on received level to 
estimate the onset of Level B (behavioral) harassment. NMFS predicts 
that marine mammals may be behaviorally harassed when exposed to 
underwater anthropogenic noise above received levels 160 dB re 1 [mu]Pa 
(rms) for non-explosive impulsive (e.g., seismic HRG equipment) or 
intermittent (e.g., scientific sonar) sources. Dominion's proposed 
activity includes the use of impulsive sources. Therefore, the 160 dB 
re 1 [mu]Pa (rms) criteria is applicable for analysis of Level B 
harassment.
    Level A harassment--NMFS' Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (NMFS 2016) 
identifies dual criteria to assess auditory injury (Level A harassment) 
to five different marine mammal groups (based on hearing sensitivity) 
as a result of exposure to noise from two different types of sources 
(impulsive or non-impulsive). The Technical Guidance identifies the 
received levels, or thresholds, above which individual marine mammals 
are predicted to experience changes in their hearing sensitivity for 
all underwater anthropogenic sound sources, reflects the best available 
science, and better predicts the potential for auditory injury than 
does NMFS' historical criteria.
    These thresholds were developed by compiling and synthesizing the 
best available science and soliciting input multiple times from both 
the public and peer reviewers to inform the final product, and are 
provided in Table 2 below. The references, analysis, and methodology 
used in the development of the thresholds are described in NMFS 2016 
Technical Guidance, which may be accessed at: www.nmfs.noaa.gov/pr/acoustics/guidelines.htm. As described above, Dominion's proposed 
activity includes the use of intermittent and impulsive sources. We 
note here that for intermittent sources such as the Geo-Source 800 
sparker and the Innomar Medium 100 sub-bottom profiler, it is more 
appropriate to consider these sources as non-impulsive for 
consideration of potential for Level A harassment but due to their 
intermittent nature they are considered impulsive for consideration of 
potential for Level B harassment.

            Table 2--Thresholds Identifying the Onset of Permanent Threshold Shift in Marine Mammals
----------------------------------------------------------------------------------------------------------------
                                                                    PTS onset thresholds
              Hearing group               ----------------------------------------------------------------------
                                                    Impulsive *                       Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans.............  Lpk,flat: 219 dB; LE,LF,24h:  LE,LF,24h: 199 dB.
                                            183 dB.
Mid-Frequency (MF) Cetaceans.............  Lpk,flat: 230 dB; LE,MF,24h:  LE,MF,24h: 198 dB.
                                            185 dB.
High-Frequency (HF) Cetaceans............  Lpk,flat: 202 dB; LE,HF,24h:  LE,HF,24h: 173 dB.
                                            155 dB.
Phocid Pinnipeds (PW) (Underwater).......  Lpk,flat: 218 dB; LE,PW,24h:  LE,PW,24h: 201 dB.
                                            185 dB.
Otariid Pinnipeds (OW) (Underwater)......  Lpk,flat: 232 dB; LE,OW,24h:  LE,OW,24h: 219 dB.
                                            203 dB.
----------------------------------------------------------------------------------------------------------------
Note: * 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.

[[Page 39068]]

 
Note: Peak sound pressure (Lpk) has a reference value of 1 [mu]Pa, and cumulative sound exposure level (LE) has
  a reference value of 1[mu]Pa2s. In this Table, thresholds are abbreviated to reflect American National
  Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
  frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
  being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized
  hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the
  designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and
  that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be
  exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it
  is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that feed into estimating the area ensonified above the 
acoustic thresholds.
    The proposed survey would entail the use of HRG survey equipment. 
The distance to the isopleth corresponding to the threshold for Level B 
harassment was calculated for all HRG survey equipment with the 
potential to result in harassment of marine mammals (see Table 1 of the 
Proposed IHA (83 FR 26968; June 11, 2018)). Of the HRG survey equipment 
planned for use that has the potential to result in harassment of 
marine mammals, acoustic modeling indicated the Innomar Medium 100 sub-
bottom profiler would be expected to produce sound that would propagate 
the furthest in water (Table 3); therefore, for the purposes of the 
take calculation, it was assumed this equipment would be active during 
the entirety of the survey. Thus the distance to the isopleth 
corresponding to the threshold for Level B harassment for the Innomar 
Medium 100 sub-bottom profiler (100 m; Table 3) was used as the basis 
of the Level B take calculation for all marine mammals. However, this 
sound source operates at frequencies that are 50 kHz beyond the best 
hearing capabilities of LF cetaceans, so there is no potential for 
behavioral harassment of these species. The sound source with the next-
largest Level B harassment threshold distance was the Geo-Source 800 
sparker and this distance is 20 m, which is well within the required 
100-m exclusion zone for large whales. Therefore, no take for LF 
cetaceans have been authorized.

  Table 3--Predicted Radial Distances (m) From HRG Sources to Isopleths
              Corresponding to Level B Harassment Threshold
------------------------------------------------------------------------
                                                              Modeled
                                                            distance to
            HRG system              HRG survey equipment  threshold (160
                                                              dB re 1
                                                              [mu]Pa)
------------------------------------------------------------------------
Pinger/Chirper....................  GeoPulse sub-bottom             <5 m
                                     profiler.
Sparker...........................  Geo-Source 800                 <20 m
                                     sparker.
Medium penetration sub-bottom       Innomar Medium 100          * <100 m
 profiler.                           sub-bottom profiler.
------------------------------------------------------------------------
* We note here that the Innomar Medium 100 sub-bottom profiler operating
  frequencies (85-115 kHz) are beyond the best hearing capabilities of
  LF cetaceans (7-35 kHz), but as this sound source provides the largest
  Level B isopleth, this information was used to calculate the zone of
  influence and estimate take for all species.

    Predicted distances to Level A harassment isopleths, which vary 
based on marine mammal functional hearing groups (Table 4), were also 
calculated by Dominion. The updated acoustic thresholds for impulsive 
sounds (such as HRG survey equipment) contained in the Technical 
Guidance (NMFS, 2016) were presented as dual metric acoustic thresholds 
using both SELcum and peak sound pressure level (SPL) 
metrics for all equipment in the notice of the proposed IHA (83 FR 
26968, June 11, 2018). As dual metrics, NMFS considers onset of PTS 
(Level A harassment) to have occurred when either one of the two 
metrics is exceeded (i.e., metric resulting in the largest isopleth). 
However, the Geo-Source 800 sparker and Innomar 100 sub-bottom profiler 
are more appropriately considered as non-impulsive sources, which 
considers the SELcum metric only. This information has been 
corrected in Table 4 below, and NMFS notes that the correction results 
in smaller distances to the Level A threshold than reported in the 
proposed IHA notice and reinforces our determination that Level A 
harassment is so unlikely to occur as to be discountable. The 
SELcum metric considers both level and duration of exposure, 
as well as auditory weighting functions by marine mammal hearing group. 
In recognition of the fact that calculating Level A harassment 
ensonified areas could be more technically challenging to predict due 
to the duration component and the use of weighting functions in the new 
SELcum thresholds, NMFS developed an optional User 
Spreadsheet that includes tools to help predict a simple isopleth that 
can be used in conjunction with marine mammal density or occurrence to 
facilitate the estimation of take numbers. Dominion used the NMFS 
optional User Spreadsheet to calculate distances to Level A harassment 
isopleths (see Appendix A of the IHA application). Modeled distances to 
isopleths corresponding to Level A harassment thresholds for the 
proposed HRG equipment and marine mammal hearing groups are shown in 
Table 4.

   Table 4--Modeled Radial Distances (m) to Isopleths Corresponding to
                      Level A Harassment Thresholds
------------------------------------------------------------------------
Functional hearing group (Level                               Lateral
    A harassment thresholds)            PTS onset          distance  (m)
------------------------------------------------------------------------
                      GeoPulse Sub-Bottom Profiler
------------------------------------------------------------------------
Low frequency cetaceans........  199 dB SELcum..........              --
Mid frequency cetaceans........  198 dB SELcum..........              --

[[Page 39069]]

 
High frequency cetaceans.......  173 dB SELcum..........              <1
Phocid Pinnipeds (Underwater)..  201 dB SELcum..........              --
------------------------------------------------------------------------
                         Geo-Source 800 Sparker
------------------------------------------------------------------------
Low frequency cetaceans........  219 dBpeak/183 dB                     5
                                  SELcum.
Mid frequency cetaceans........  230 dBpeak/185 dB                    <1
                                  SELcum.
High frequency cetaceans.......  202 dBpeak/155 dB                <1; 24
                                  SELcum.
Phocid Pinnipeds (Underwater)..  218 dBpeak/185 dB                     3
                                  SELcum.
------------------------------------------------------------------------
                 Innomar Medium 100 Sub-Bottom Profiler
------------------------------------------------------------------------
Low frequency cetaceans........  199 dB SELcum..........             N/A
Mid frequency cetaceans........  198 dB SELcum..........              --
High frequency cetaceans.......  173 dB SELcum..........              <5
Phocid Pinnipeds (Underwater)..  201 dB SELcum..........             N/A
------------------------------------------------------------------------
Note: Peak SPL is unweighted (flat weighted), whereas the cumulative SEL
  criterion is M-weighted for the given marine mammal hearing group.
-- indicates not expected to be measureable to regulatory threshold at
  any appreciable distance.
N/A indicates not applicable as the HRG sound source is outside the
  effective marine mammal hearing range.

    In this case, due to the very small estimated distances to Level A 
harassment thresholds for all marine mammal functional hearing groups, 
based on both SELcum and peak SPL (Table 4), and in 
consideration of the mitigation measures that must be implemented, 
including marine mammal exclusion zones to avoid Level A harassment 
(see the Mitigation section for more detail) NMFS has determined that 
the likelihood of Level A harassment take of marine mammals occurring 
as a result of the proposed survey is so low as to be discountable. 
Therefore, NMFS has not authorized Level A harassment take of any 
marine mammals in the IHA.
    We note that because of some of the assumptions included in the 
methods used, isopleths produced may be overestimates to some degree. 
The acoustic sources proposed for use in Dominion's survey do not 
radiate sound equally in all directions but were designed instead to 
focus acoustic energy directly toward the sea floor. Therefore, the 
acoustic energy produced by these sources is not received equally in 
all directions around the source but is instead concentrated along some 
narrower plane depending on the beamwidth of the source. For example, 
in the case of the Innomar Medium 100 sub-bottom profiler, the 
beamwidth is only one degree. However, the calculated distances to 
isopleths do not account for this directionality of the sound source 
and are therefore conservative. For mobile sources, such as the 
proposed survey, the User Spreadsheet predicts the closest distance at 
which a stationary animal would not incur PTS if the sound source 
traveled by the animal in a straight line at a constant speed. In 
addition to the conservative estimation of calculated distances to 
isopleths associated with the Innomar Medium 100 sub-bottom profiler, 
calculated takes may be conservative due to the fact that this sound 
source operates at frequencies beyond the best hearing capabilities of 
LF cetaceans, but calculated takes for all species were based on the 
isopleths associated with this sound source. As discussed above, the 
Innomar Medium 100 sub-bottom profiler operates at frequencies between 
85 and 115 kHz and the best hearing range of LF cetaceans is between 7 
and 35 kHz. Therefore, we would not expect that take of LF cetaceans 
would likely occur due to the use of this equipment because it operates 
beyond their hearing capabilities. The proposed IHA (83 FR 26968, June 
11, 2018) noted takes were estimated based on these isopleths due to 
the fact that the largest distances were associated with this 
equipment. However, after consideration of public comments, NMFS has 
determined not to issue take of LF cetaceans for the following reasons: 
(1) the Innomar Medium 100 sub-bottom profiler operates at frequencies 
that are 50 kHz beyond the best hearing capabilities for these species, 
so there would be no potential for behavioral disturbance, and (2) the 
sound source with the next largest Level B harassment isopleth is the 
Geo-Source 800 Sparker, for which the distance to the Level B 
harassment threshold has been calculated to be 20 m, and this is well 
within the required 100-m exclusion zone (EZ) for large whales.

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    The best available scientific information was considered in 
conducting marine mammal exposure estimates (the basis for estimating 
take). For cetacean species, densities calculated by Roberts et al. 
(2016) were used. The density data presented by Roberts et al. (2016) 
incorporates aerial and shipboard line-transect survey data from NMFS 
and from other organizations collected over the period 1992-2014. 
Roberts et al. (2016) modeled density from 8 physiographic and 16 
dynamic oceanographic and biological covariates, and controlled for the 
influence of sea state, group size, availability bias, and perception 
bias on the probability of making a sighting. In general, NMFS 
considers the models produced by Roberts et al. (2016) to be the best 
available source of data regarding cetacean density in the Atlantic 
Ocean. More information, including the model results and supplementary 
information for each model, is available online at: 
seamap.env.duke.edu/models/Duke-EC-GOM-2015/.
    For the purposes of the take calculations, density data from 
Roberts et al. (2016) were mapped within the boundary of the survey 
area for each survey segment (i.e., the Lease Area

[[Page 39070]]

survey segment and the cable route area survey segment; See Figure 1 in 
the IHA application) using a geographic information system. Monthly 
density data for all cetacean species potentially taken by the proposed 
survey was available via Roberts et al. (2016). Monthly mean density 
within the survey area, as provided in Roberts et al. (2016), were 
averaged by season (i.e., Summer (June, July, August), and Fall 
(September, October, November)) to provide seasonal density estimates. 
The highest average seasonal density as reported by Roberts et al. 
(2016), for each species, was used based on the planned survey dates of 
August through October.

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    In order to estimate the number of marine mammals predicted to be 
exposed to sound levels that would result in harassment, radial 
distances to predicted isopleths corresponding to harassment thresholds 
are calculated, as described above. Those distances are then used to 
calculate the area(s) around the HRG survey equipment predicted to be 
ensonified to sound levels that exceed harassment thresholds. The area 
estimated to be ensonified to relevant thresholds in a single day of 
the survey is then calculated, based on areas predicted to be 
ensonified around the HRG survey equipment and estimated trackline 
distance traveled per day by the survey vessel. The estimated daily 
vessel track line distance was determined using the estimated average 
speed of the vessel (4 kn) multiplied by 24 (to account for the 24 hour 
operational period of the survey). Using the maximum distance to the 
regulatory threshold criteria (Tables 4 and 5) and estimated daily 
track line distance of approximately 177.8 km (110.5 mi), it was 
estimated that an area of 35.59 km\2\ (13.74 mi\2\) per day would be 
ensonified to the largest Level B harassment threshold, and 17.78 km\2\ 
(0.69 mi\2\) per day would be ensonifed to the Level A harassment 
threshold (largest threshold of 155 dB SELcum for HF 
cetaceans was used) (Table 5).

  Table 5--Estimated Track Line Distance per Day (km) and Area (km\2\)
   Estimated To Be Ensonified to Level B Harassment Threshold per Day
------------------------------------------------------------------------
                                             Estimated       Estimated
                                               area            area
                                          ensonified  to  ensonified  to
Estimated  track line  distance  per day      Level A         Level B
                   (km)                     harassment      harassment
                                          threshold  per  threshold  per
                                           day  (km\2\)    day  (km\2\)
------------------------------------------------------------------------
177.8...................................           17.78           35.59
------------------------------------------------------------------------

    The number of marine mammals expected to be incidentally taken per 
day is then calculated by estimating the number of each species 
predicted to occur within the daily ensonified area, using estimated 
marine mammal densities as described above. In this case, estimated 
marine mammal density values varied between the turbine positions, 
inter-array cable route corridor survey areas, and export cable route 
corridors; therefore, the estimated number of each species taken per 
survey day was calculated separately for the these survey areas. 
Estimated numbers of each species taken per day are then multiplied by 
the number of survey days to generate an estimate of the total number 
of each species expected to be taken over the duration of the survey. 
In this case, as the estimated number of each species taken per day 
varied depending on survey area (turbine positions, inter-array cable 
route, and export cable route corridor), the number of each species 
taken per day in each respective survey area was multiplied by the 
number of survey days anticipated in each survey area (i.e., 15 survey 
days each in the turbine position location and inter-array cable route, 
and 60 survey days in the export cable route corridor portion of the 
survey) to get a total number of takes per species in each respective 
survey area.
    As described above, due to the very small estimated distances to 
Level A harassment thresholds (based on both SELcum and peak 
SPL; Table 4), and in consideration of the mitigation measures that 
must be implemented, the likelihood of the proposed survey resulting in 
take in the form of Level A harassment is considered so unlikely as to 
be discountable. Authorized take numbers are shown in Table 6. As 
described above, the zone of influence (ZOI) were calculated based on 
the sound source with the largest isopleths to the regulatory 
thresholds (the Innomar Medium 100 sub-bottom profiler) without 
consideration of the fact that this equipment operates beyond the best 
hearing capability of LF cetaceans, so calculated takes of these 
species are likely to be overestimates due to the fact that we would 
not necessarily expect LF cetaceans to be harassed by sound produced by 
this equipment. Additionally, as shown in Table 3, the Geo-Source 800 
Sparker has the next largest Level B harassment threshold distance of 
20 m, which is well within the required distance of 100 m for which 
vessels are required to avoid large cetaceans. Therefore, take for all 
low frequency cetaceans have been adjusted to zero.

                         Table 6--Numbers of Incidental Take of Marine Mammals Calculated and Authorized for Level B Harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Turbine positions        Export cable route      Inter-array cable route           Totals
                                                 -------------------------------------------------------------------------------------------------------
                                                      Max.                      Max.                      Max.
                     Species                        seasonal                  seasonal                  seasonal
                                                  density \a\   Calculated  density \a\   Calculated  density \a\   Calculated    Adjusted       % of
                                                   (#/100 km      takes      (#/100 km      takes      (#/100 km      takes         take      population
                                                      \2\)                      \2\)                      \2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale......................        0.003        0.018        0.003        0.070        0.003        0.018        b c 0        0.000
Humpback whale..................................        0.018        0.097        0.018        0.387        0.018        0.097        b c 0        0.000
Fin whale.......................................        0.107        0.570        0.107        2.279        0.107        0.570        b c 0         0.00
Minke whale.....................................        0.027        0.144        0.027        0.575        0.027        0.144        b c 0         0.39
Bottlenose dolphin--N Coastal Migratory.........       13.991       74.691       13.991      298.765       13.991       74.691    c d e 350         9.33
Bottlenose dolphin--Offshore....................       13.991       74.691       13.991      298.765       13.991       74.691    c d e 350         9.33
Atlantic spotted dolphin........................        0.899        4.800        1.231       26.289        0.899        4.800      \d\ 300         0.67
Common dolphin..................................        2.501       13.349        2.501       53.397        2.501       13.349      \d\ 400         0.57
Atlantic white-sided dolphin....................        0.389        2.076        0.389        8.305        0.389        2.076      \d\ 200         0.41

[[Page 39071]]

 
Risso's dolphin.................................        0.007        0.035        0.001         0019        0.007        0.035            0         0.00
Short-finned/long-finned pilot whale............        0.058        0.310        0.025        0.532        0.058        0.310       \f\ 15         0.27
Harbor porpoise.................................        0.272        1.452        0.230        4.915        0.272        1.452            6         0.01
Harbor seal.....................................        0.000        0.000        0.000        0.000        0.000        0.000            5        0.007
Gray seal.......................................        0.000        0.000        0.000        0.000        0.000        0.000            1        0.000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Density values from Duke University (Roberts et al., 2016).
\b\ Mitigation (exclusion zone) will prevent take.
\c\ Take calculations based on largest Level B harassment isopleth; however, the sound source is 50 kHz beyond the best hearing sensitivity for LF
  cetaceans and the Level B harassment isopleth for the next largest source is 20 m, which is well within the required 100-m exclusion zone for large
  whales. No take has been authorized for LF cetaceans.
\d\ Calculated take has been modified to account for increases in actual sighting data to date (Smultea Environmental Sciences 2016; Gardline 2016b)
  based on similar project activities.
\e\ Take adjusted to account for possible overlap of the Western North Atlantic southern migratory coastal and offshore stocks.
\f\ Take adjusted to account for potential overlap of stocks (assume 50 percent of each).

Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable 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 taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) 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, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned) the likelihood of effective implementation (probability 
implemented as planned), and;
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as relative cost and 
impact on operations.

Mitigation Measures

    With NMFS' input during the application process, and as per the 
BOEM Lease, Dominion must implement the following mitigation measures 
during the proposed marine site characterization surveys.

Marine Mammal Exclusion and Watch Zones

    Marine mammal exclusion zones (EZ) must be established around the 
HRG survey equipment and monitored by protected species observers (PSO) 
during HRG surveys as follows:
     50 m (164.0 ft) EZ for harbor porpoises, which is the 
extent of the largest calculated distance to the potential for onset of 
PTS (Level A harassment);
     100 m (328.1 ft) EZ for ESA-listed large whales (i.e., fin 
whales), which is the largest calculated distance to the potential for 
behavioral harassment (Level B behavioral harassment), and for species 
for which authorization has not been granted, or for species for which 
authorization has been granted but the authorized number of takes have 
been met; and
     500 m (1,640.4 ft) EZ for North Atlantic right whales. In 
addition, PSOs must visually monitor to the extent of the Level B zone 
(100 m (328.1 ft)) for all other marine mammal species not listed 
above.

Visual Monitoring

    Visual monitoring of the established exclusion and monitoring zones 
must be performed by qualified and NMFS-approved PSOs. It must 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. PSOs must 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 must also be available to PSOs for use as 
appropriate based on conditions and visibility to support the siting 
and monitoring of marine species. Digital single-lens reflex camera 
equipment must be used to record sightings and verify species 
identification. During surveys conducted at night, night-vision 
equipment and infrared technology must be available for PSO use.

Pre-Clearance of the Exclusion Zone

    For all HRG survey activities, Dominion must implement a 30-minute 
pre-clearance period of the relevant EZs prior to the initiation of HRG 
survey equipment. During this period the EZs must be monitored by PSOs, 
using the appropriate visual technology for a 30-minute period. HRG 
survey equipment must not be initiated if marine mammals are observed 
within or approaching the relevant EZs during this pre-clearance 
period. If a marine mammal were observed within or approaching the 
relevant EZ during the

[[Page 39072]]

pre-clearance period, ramp-up must not begin until the animal(s) has 
been observed exiting the EZ or until an additional time period has 
elapsed with no further sighting of the animal (15 minutes for small 
delphinoid cetaceans and pinnipeds and 30 minutes for all other 
species). This pre-clearance requirement must include small cetaceans 
(dolphins and harbor porpoises) that approach the vessel (e.g., bow 
ride). PSOs must also continue to monitor the zone for 30 minutes after 
survey equipment is shut down or survey activity has concluded.

Ramp-Up of Survey Equipment

    Where technically feasible, a ramp-up procedure must 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 must be used 
at the beginning of HRG survey activities in order to provide 
additional protection to marine mammals near the survey area by 
allowing them to vacate the area prior to the commencement of survey 
equipment use at full energy. A ramp-up must begin with the power of 
the smallest acoustic equipment at its lowest practical power output 
appropriate for the survey. When technically feasible the power must 
then be gradually turned up and other acoustic sources added in way 
such that the source level would increase gradually.

Shutdown Procedures

    If a marine mammal is observed within or approaching the relevant 
EZ (as described above) an immediate shutdown of the survey equipment 
is required. Subsequent restart of the survey equipment must only occur 
after the animal(s) has either been observed exiting the relevant EZ or 
until an additional time period has elapsed with no further sighting of 
the animal (15 minutes for harbor porpoises and 30 minutes for all 
other species).
    If the HRG equipment shuts down for reasons other than mitigation 
(i.e., mechanical or electronic failure) resulting in the cessation of 
the survey equipment for a period greater than 20 minutes, a 30 minute 
pre-clearance period (as described above) must precede the restart of 
the HRG survey equipment. If the pause is less than less than 20 
minutes, the equipment shall be restarted as soon as practicable at its 
full operational level only if visual surveys were continued diligently 
throughout the silent period and the EZs remained clear of marine 
mammals during that entire period. If visual surveys were not continued 
diligently during the pause of 20 minutes or less, a 30-minute pre-
clearance period (as described above) must precede the re-start of the 
HRG survey equipment. Following a shutdown, HRG survey equipment shall 
be restarted following pre-clearance of the zones as described above.

Vessel Strike Avoidance

    Dominion must ensure that vessel operators and crew maintain a 
vigilant watch for cetaceans and pinnipeds by slowing down or stopping 
the vessel to avoid striking marine mammals. Survey vessel crew members 
responsible for navigation duties must receive site-specific training 
on marine mammal sighting/reporting and vessel strike avoidance 
measures. Vessel strike avoidance measures must include, but are not 
limited to, the following, except under circumstances when complying 
with these requirements would put the safety of the vessel or crew at 
risk:
     All vessel operators and crew must maintain vigilant watch 
for cetaceans and pinnipeds, and slow down or stop their vessel to 
avoid striking these protected species;
     All vessel operators must comply with 10 kn (18.5 km/hr) 
or less speed restrictions in any DMA. This applies to all vessels 
operating at any time of year. In addition (if applicable, as surveys 
are not anticipated to occur during this time of year), vessels over 
19.8 m (65 ft) operating from November 1 through April 30 must operate 
at speeds of 10 kn or less;
     All vessel operators must reduce vessel speed to 10 kn 
(18.5 km/hr) or less when any large whale, any mother/calf pairs, pods, 
or large assemblages of non-delphinoid cetaceans are observed near 
(within 100 m (330 ft)) an underway vessel;
     All survey vessels must maintain a separation distance of 
500 m (1640 ft) or greater from any sighted North Atlantic right whale;
     If underway, vessels must steer a course away from any 
sighted North Atlantic right whale at 10 kn (18.5 km/hr) or less until 
the 500 m (1640 ft) minimum separation distance has been established. 
If a North Atlantic right whale is sighted in a vessel's path, or 
within 500 m (1640 ft)) to an underway vessel, the underway vessel must 
reduce speed and shift the engine to neutral. Engines must not be 
engaged until the North Atlantic right whale has moved outside of the 
vessel's path and beyond 500 m. If stationary, the vessel must not 
engage engines until the North Atlantic right whale has moved beyond 
100 m;
     All vessels must maintain a separation distance of 100 m 
(330 ft) or greater from any sighted non-delphinoid cetacean. 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 must not engage engines until 
the non-delphinoid cetacean has moved out of the vessel's path and 
beyond 100 m;
     All vessels must maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid cetacean. 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 must not engage the engines until the non-
delphinoid cetacean has moved out of the vessel's path and beyond 100 
m.
     Any vessel underway must remain parallel to a sighted 
delphinoid cetacean's course whenever possible, and avoid excessive 
speed or abrupt changes in direction. Any vessel underway must reduce 
vessel speed to 10 kn (18.5 km/hr) or less when pods (including mother/
calf pairs) or large assemblages of delphinoid cetaceans are observed. 
Vessels must not adjust course and speed until the delphinoid cetaceans 
have moved beyond 50 m and/or the abeam of the underway vessel;
     All vessels underway must not divert or alter course in 
order to approach any whale, delphinoid cetacean, or pinniped. Any 
vessel underway must avoid excessive speed or abrupt changes in 
direction to avoid injury to the sighted cetacean or pinniped; and
     All vessels must maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.

Seasonal Operating Requirements

    Between watch shifts, members of the monitoring team must consult 
NMFS' North Atlantic right whale reporting systems for the presence of 
North Atlantic right whales throughout survey operations. The proposed 
survey activities will occur in the vicinity of the Right Whale Mid-
Atlantic SMA located at the mouth of the Chesapeake Bay. The proposed 
survey start date in August, 2018 and would last for up to three 
months. Therefore, it is possible that the HRG survey activities would 
occur outside of the seasonal mandatory speed restriction period for 
this SMA (November 1 through April 30). Members of the monitoring team 
must monitor the NMFS North Atlantic right

[[Page 39073]]

whale reporting systems for the establishment of a Dynamic Management 
Area (DMA). If NMFS should establish a DMA in the survey area, within 
24 hours of the establishment of the DMA Dominion must work with NMFS 
to shut down and/or alter the survey activities as needed to avoid 
right whales to the extent possible.
    These mitigation measures are designed to avoid the already low 
potential for injury in addition to some Level B harassment, and to 
minimize the potential for vessel strikes. There are no known marine 
mammal feeding areas, rookeries, or mating grounds in the survey area 
that would otherwise potentially warrant increased mitigation measures 
for marine mammals or their habitat (or both). The proposed survey 
would occur in an area that has been identified as a biologically 
important area for migration for North Atlantic right whales. However, 
given the small spatial extent of the survey area relative to the 
substantially larger spatial extent of the right whale migratory area, 
the survey is not expected to appreciably reduce migratory habitat nor 
to negatively impact the migration of North Atlantic right whales, thus 
additional mitigation to address the proposed survey's occurrence in 
North Atlantic right whale migratory habitat is not warranted. Further, 
these mitigation measures are practicable for the applicant to 
implement.
    Based on our evaluation of the mitigation measures, NMFS has 
determined that the 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.

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 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that 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 and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (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); and
     Mitigation and monitoring effectiveness.

Monitoring Measures

    As described above, visual monitoring of the EZs and monitoring 
zone must be performed by qualified and NMFS-approved PSOs. Observer 
qualifications must include direct field experience on a marine mammal 
observation vessel and/or aerial surveys and completion of a PSO 
training program, as appropriate. An observer team comprising a minimum 
of four NMFS-approved PSOs operating in shifts, must be employed by 
Dominion during the proposed surveys. PSOs must work in shifts such 
that no one monitor must work more than 4 consecutive hours without a 2 
hour break or longer than 12 hours during any 24-hour period. During 
daylight hours the PSOs must rotate in shifts of one on and three off, 
while during nighttime operations PSOs must work in pairs. During ramp-
up procedures, two PSOs must be required. Each PSO must monitor 360 
degrees of the field of vision.
    Also as described above, PSOs must 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 must also be available to PSOs for use as 
appropriate based on conditions and visibility to support the siting 
and monitoring of marine species. Digital single-lens reflex camera 
equipment must be used to record sightings and verify species 
identification. During night operations, night-vision equipment, and 
infrared technology must be used to increase the ability to detect 
marine mammals. Position data must be recorded using hand-held or 
vessel global positioning system (GPS) units for each sighting. 
Observations must take place from the highest available vantage point 
on the survey vessel. General 360-degree scanning must occur during the 
monitoring periods, and target scanning by the PSO must occur when 
alerted of a marine mammal presence.
    Data on all PSO observations must be recorded based on standard PSO 
collection requirements. This must 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). The data sheet must be provided to NMFS for review and 
approval prior to the start of survey activities. In addition, prior to 
initiation of survey work, all crew members must undergo environmental 
training, a component of which must focus on the procedures for 
sighting and protection of marine mammals. A briefing must also be 
conducted between the survey supervisors and crews, the PSOs, and 
Dominion. The purpose of the briefing must 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.

Reporting Measures

    Dominion must provide the following reports as necessary during 
survey activities:
    Notification of Injured or Dead Marine Mammals--In the 
unanticipated event that the specified HRG activities lead to an injury 
of a marine mammal (Level A harassment) or mortality (e.g., ship-
strike, gear interaction, and/or entanglement), Dominion must 
immediately cease the specified activities and report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources and the NMFS Greater Atlantic

[[Page 39074]]

Stranding Coordinator. The report must 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 must not resume until NMFS is able to review the 
circumstances of the event. NMFS shall work with Dominion to minimize 
reoccurrence of such an event in the future. Dominion must not resume 
activities until notified by NMFS.
    In the event that Dominion 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), Dominion must immediately report the incident to the 
Chief of the Permits and Conservation Division, Office of Protected 
Resources and the NMFS Greater Atlantic Stranding Coordinator. The 
report must include the same information identified in the paragraph 
above. Activities must be able to continue while NMFS reviews the 
circumstances of the incident. NMFS must work with Dominion to 
determine if modifications in the activities are appropriate.
    In the event that Dominion 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), Dominion must report the incident to the Chief of 
the Permits and Conservation Division, Office of Protected Resources, 
and the NMFS Greater Atlantic Regional Stranding Coordinator, within 24 
hours of the discovery. Dominion must provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to NMFS. Dominion may continue its operations under such a 
case.
    Within 90 days after completion of survey activities, a final 
technical report must be provided to NMFS that fully documents the 
methods and monitoring protocols, summarizes the data recorded during 
monitoring, estimates the number of marine mammals estimated to have 
been taken during survey activities, and provides an interpretation of 
the results and effectiveness of all mitigation and monitoring. Any 
recommendations made by NMFS must be addressed in the final report 
prior to acceptance by NMFS.

Negligible Impact Analysis and Determination

    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 
estimates of the 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), as 
well as effects on habitat, and the likely effectiveness of the 
mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis 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).
    To avoid repetition, our analysis applies to all the species listed 
in Tables 8 and 9, given that NMFS expects the anticipated effects of 
the proposed survey to be similar in nature.
    NMFS does not anticipate that injury, serious injury, or mortality 
would occur as a result of Dominion's proposed survey, even in the 
absence of mitigation. Thus the authorization does not authorize any 
serious injury or mortality. Non-auditory physical effects and vessel 
strike are not expected to occur.
    We expect that most potential takes would be in the form of short-
term Level B behavioral harassment in the form of 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).
    Potential impacts to marine mammal habitat were discussed in the 
notice of proposed IHA (83 FR 26968; June 11, 2018, see Potential 
Effects of the Specified Activity on Marine Mammals and their Habitat). 
Marine mammal habitat may be impacted by elevated sound levels, but 
these impacts would be temporary. In addition to being temporary and 
short in overall duration, the acoustic footprint of the proposed 
survey is small relative to the overall distribution of the animals in 
the area and their use of the area. Feeding behavior is not likely to 
be significantly impacted, as no areas of biological significance for 
marine mammal feeding are known to exist in the survey area. 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, 
the availability of similar habitat and resources in the surrounding 
area, and the lack of important or unique marine mammal feeding 
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. In addition, there 
are no rookeries or mating or calving areas known to be biologically 
important to marine mammals within the proposed project area.
    The proposed survey area is within a biologically important 
migratory area for North Atlantic right whales (effective March-April 
and November-December) that extends from Massachusetts to Florida 
(LaBrecque, et al., 2015). Off the coast of Virginia, this biologically 
important migratory area extends from the coast to the just beyond the 
shelf break. Due to the fact that that the proposed survey is temporary 
and short in overall duration, and the fact that the spatial acoustic 
footprint of the proposed survey is very small relative to the spatial 
extent of the available migratory habitat in the area, North Atlantic 
right whale migration is not

[[Page 39075]]

expected to be impacted by the proposed survey.
    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) preventing animals from being exposed to sound levels that may 
otherwise result in injury. Additional vessel strike avoidance 
requirements will further mitigate potential impacts to marine mammals 
during vessel transit to and within the survey area.
    NMFS concludes that exposures to marine mammal species and stocks 
due to Dominion's proposed survey would result in only short-term 
(temporary and short in duration) effects to individuals exposed. 
Marine mammals may temporarily avoid the immediate area, but are not 
expected to permanently abandon the area. Major shifts in habitat use, 
distribution, or foraging success are not expected. NMFS does not 
anticipate the authorized take estimates to impact annual rates of 
recruitment or survival.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect the species or stock through 
effects on annual rates of recruitment or survival:
     No mortality or serious injury is anticipated or 
authorized;
     No injury is anticipated or authorized;
     The anticipated impacts of the proposed activity on marine 
mammals would be limited to temporary behavioral changes due to 
avoidance of the area around the survey vessel;
     Alternate areas of similar habitat value for marine 
mammals to temporarily vacate the survey area during the proposed 
survey and avoid exposure to sounds from the activity are available;
     The proposed project area does not contain areas of 
significance for feeding, mating or calving;
     Effects on species that serve as prey species for marine 
mammals from the proposed survey are expected to be minimal;
     Mitigation measures, including visual and acoustic 
monitoring and shutdowns, are expected to minimize potential impacts to 
marine mammals.
    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 monitoring and mitigation 
measures, NMFS 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, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    The numbers of marine mammals that we authorized to be taken would 
be considered small relative to the relevant stocks or populations for 
all species and stocks (less than 10 percent of bottlenose dolphin 
stocks, and less than 1 percent of each of the other species and 
stocks). See Tables 6 and 7. Based on the analysis contained herein of 
the proposed activity (including the mitigation and monitoring 
measures) and the anticipated take of marine mammals, NMFS 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.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an 
incidental harassment authorization) with respect to potential impacts 
on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental harassment authorizations with 
no anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS has determined that the issuance of the 
IHA qualifies to be categorically excluded from further NEPA review. We 
have reviewed all comments submitted in response to the proposed IHA 
notice prior to concluding our NEPA process and making this final 
decision on the IHA request.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) requires that each Federal agency insure that any action 
it authorizes, funds, or carries out is not likely to jeopardize the 
continued existence of any endangered or threatened species or result 
in the destruction or adverse modification of designated critical 
habitat.
    The NMFS Office of Protected Resources is proposing mitigation to 
avoid the incidental take of the species of marine mammals which are 
likely to be present and are listed under the ESA: The North Atlantic 
right and fin whales. Therefore, consultation under section 7 of the 
ESA is not required.

Authorization

    NMFS has issued an IHA to Dominion for conducting UXO surveys 
offshore Virginia for a period of one year, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: July 31, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-16885 Filed 8-7-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                39062                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                and second-choice NIST laboratories/                    DEPARTMENT OF COMMERCE                                regulations are issued or, if the taking is
                                                projects they wish to apply to, previous                                                                      limited to harassment, a notice of a
                                                SURF participation/mentor                               National Oceanic and Atmospheric                      proposed authorization is provided to
                                                identification, academic major/minor,                   Administration                                        the public for review.
                                                current overall GPA, need for housing                   RIN 0648–XG108                                          An authorization for incidental
                                                and gender (for housing purposes only),                                                                       takings shall be granted if NMFS finds
                                                special skills (laboratory, computer                    Takes of Marine Mammals Incidental to                 that the taking will have a negligible
                                                programming etc.) availability dates,                   Specified Activities; Taking Marine                   impact on the species or stock(s), will
                                                resume, personal statement of                           Mammals Incidental to Unexploded                      not have an unmitigable adverse impact
                                                commitment and research interests, two                  Ordnance Investigation Survey off the                 on the availability of the species or
                                                letters of recommendation, academic                     Coast of Virginia                                     stock(s) for subsistence uses (where
                                                transcripts, ability to verify U.S.
                                                                                                        AGENCY:  National Marine Fisheries                    relevant), and if the permissible
                                                citizenship or permanent legal
                                                                                                        Service (NMFS), National Oceanic and                  methods of taking and requirements
                                                residency, acknowledgement of
                                                                                                        Atmospheric Administration (NOAA),                    pertaining to the mitigation, monitoring
                                                background check, and requirements for
                                                                                                        Commerce.                                             and reporting of such takings are set
                                                REAL ID Act.
                                                                                                                                                              forth.
                                                                                                        ACTION: Notice; issuance of an incidental
                                                II. Method of Collection                                                                                        NMFS has defined ‘‘negligible
                                                                                                        harassment authorization.
                                                  The Student Application Information                                                                         impact’’ in 50 CFR 216.103 as an impact
                                                form will be available on the web. The                  SUMMARY:    In accordance with the                    resulting from the specified activity that
                                                collection is currently limited to paper                regulations implementing the Marine                   cannot be reasonably expected to, and is
                                                form and is required to be scanned and                  Mammal Protection Act (MMPA) as                       not reasonably likely to, adversely affect
                                                submitted electronically.                               amended, notification is hereby given                 the species or stock through effects on
                                                                                                        that NMFS has issued an Incidental                    annual rates of recruitment or survival.
                                                III. Data                                               Harassment Authorization (IHA) to
                                                                                                                                                                The MMPA states that the term ‘‘take’’
                                                  OMB Control Number: 0693–0042.                        Virginia Electric and Power Company d/
                                                                                                                                                              means to harass, hunt, capture, or kill,
                                                  Form Number(s): None.                                 b/a Dominion Energy Virginia
                                                                                                                                                              or attempt to harass, hunt, capture, or
                                                  Type of Review: Renewal submission.                   (Dominion) for the take marine
                                                                                                                                                              kill any marine mammal.
                                                  Affected Public: Individuals or                       mammals, by harassment, incidental to
                                                households.                                             high-resolution geophysical (HRG)                       Except with respect to certain
                                                  Estimated Number of Respondents:                      surveys associated with unexploded                    activities not pertinent here, the MMPA
                                                650.                                                    ordnance investigation activities off the             defines ‘‘harassment’’ as: any act of
                                                  Estimated Time per Response: 30                       coast of Virginia in the area of the                  pursuit, torment, or annoyance which (i)
                                                minutes.                                                Research Lease of Submerged Lands for                 has the potential to injure a marine
                                                  Estimated Total Annual Burden                         Renewable Energy Activities on the                    mammal or marine mammal stock in the
                                                Hours: 325.                                             Outer Continental Shelf Offshore                      wild (Level A harassment); or (ii) has
                                                  Estimated Total Annual Cost to                        Virginia (OCS–A 0497) and coastal                     the potential to disturb a marine
                                                Public: $0.                                             waters where one or more cable route                  mammal or marine mammal stock in the
                                                                                                        corridors will be established (the Survey             wild by causing disruption of behavioral
                                                IV. Request for Comments
                                                                                                        Area).                                                patterns, including, but not limited to,
                                                  NIST invites comments on: (a)                         DATES: This Authorization is in effect                migration, breathing, nursing, breeding,
                                                Whether the proposed collection of                      for one year from the date of issuance.               feeding, or sheltering (Level B
                                                information is necessary for the proper                                                                       harassment).
                                                                                                        FOR FURTHER INFORMATION CONTACT: Dale
                                                performance of the functions of the
                                                agency, including whether the                           Youngkin, Office of Protected                         Summary of Request
                                                information shall have practical utility;               Resources, NMFS, (301) 427–8401.
                                                                                                        Electronic copies of the applications                   On March 7, 2018, NMFS received a
                                                (b) the accuracy of the agency’s estimate
                                                                                                        and supporting documents, as well as a                request from Dominion for an IHA to
                                                of the burden (including hours and cost)
                                                                                                        list of the references cited in this                  take marine mammals incidental to high
                                                of the proposed collection of
                                                                                                        document, may be obtained by visiting                 resolution geophysical (HRG) surveys
                                                information; (c) ways to enhance the
                                                                                                        the internet at: www.fisheries.noaa.gov/              off the coast of Virginia. The purpose of
                                                quality, utility, and clarity of the
                                                                                                        national/marine-mammal-protection/                    these surveys are to acquire data
                                                information to be collected; and (d)
                                                                                                        incidental-take-authorizations-other-                 regarding the potential presence of UXO
                                                ways to minimize the burden of the
                                                                                                        energy-activities-renewable. In case of               within the proposed construction and
                                                collection of information on
                                                                                                        problems accessing these documents,                   operational footprints of the Coastal
                                                respondents, including through the use
                                                of automated collection techniques or                   please call the contact listed above.                 Virginia Offshore Wind (CVOW) Project
                                                other forms of information technology.                  SUPPLEMENTARY INFORMATION:                            Area in the Lease Area and export cable
                                                  Comments submitted in response to                                                                           route construction corridor (Survey
                                                                                                        Background                                            Area). A revised application was
                                                this notice will be summarized and/or
                                                included in the request for OMB                           Sections 101(a)(5)(A) and (D) of the                received on April 26, 2018. NMFS
                                                approval of this information collection;                MMPA (16 U.S.C. 1361 et seq.) direct                  deemed that request to be adequate and
                                                                                                        the Secretary of Commerce (as delegated               complete. Dominion’s request is for take
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                                                they also will become a matter of public
                                                record.                                                 to NMFS) to allow, upon request, the                  of nine marine mammal species by
                                                                                                        incidental, but not intentional, taking of            Level B harassment. Neither Dominion
                                                Sheleen Dumas,                                          small numbers of marine mammals by                    nor NMFS expects injury, serious injury
                                                Departmental Lead PRA Officer, Office of the            U.S. citizens who engage in a specified               or mortality to result from this activity
                                                Chief Information Officer.                              activity (other than commercial fishing)              and the activity is expected to last no
                                                [FR Doc. 2018–16914 Filed 8–7–18; 8:45 am]              within a specified geographical region if             more than one year, therefore, an IHA is
                                                BILLING CODE 3510–13–P                                  certain findings are made and either                  appropriate.


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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                           39063

                                                Description of the Proposed Activity                    Specific Geographic Region                            not considered likely to occur, even
                                                                                                          Dominion’s survey activities will                   based on the larger (more conservative)
                                                Overview                                                                                                      isopleths associated with the impulsive
                                                                                                        occur in the approximately 2,135-acre
                                                   Dominion proposes to conduct marine                  Research Lease Area located off the                   threshold. The use of the non-impulsive
                                                site characterization surveys including                 coast of Virginia (see Figure 1 in the                threshold does not change our findings
                                                HRG surveys to search for UXO in the                    IHA application). Additionally, a cable               or determinations under the MMPA.
                                                                                                                                                                 Comment 2: The Commission
                                                marine environment of the                               route corridor would be surveyed
                                                                                                                                                              recommends that NMFS revise the
                                                approximately 2,135-acre Lease Area                     between the Lease Area and the coast of
                                                                                                                                                              extent of the Level A harassment zones
                                                located offshore of Virginia (see Figure                Virginia. The cable route corridor to be
                                                                                                                                                              for the Geo-Source sparker based on
                                                1–1 in the IHA application).                            surveyed is anticipated to be 300 m                   both the SPLpk and SELcum thresholds
                                                Additionally, an export cable route will                wide and 43 km long. The wind turbine
                                                                                                                                                              and for the GeoPulse SBP based on the
                                                be established between the Lease Area                   positions to be surveyed are                          SELcum threshold.
                                                and Virginia Beach, identified as the                   twoapproximately 1 km X 1 km square                      NMFS Response: As stated above, the
                                                Export Cable Route Area (see Figure 1                   areas connected by an inter-array cable               thresholds have been revised and are
                                                in the IHA application). See the IHA                    route that is 300 m wide and 2 km in                  presented in Table 4 of this notice.
                                                application for further information. The                length.                                                  Comment 3: The Commission
                                                survey area consists of two 1-kilometer                   A detailed description of the planned               continues to recommend that, until
                                                (km) X 1-km turbine position locations,                 survey activities, including types of                 behavioral thresholds are updated,
                                                a 2 km by 300 meter (m) Inter-array                     survey equipment planned for use, is                  NMFS require applicants to use the 120-
                                                cable route connecting the two turbine                  provided in the Federal Register notice               decibel (dB) re 1 micropascal (mPa),
                                                position locations, and a 43-km X 300                   for the proposed IHA (83 FR 26968; June               rather than 160- dB re 1mPa, behavioral
                                                m Export Corridor Route. For the                        11, 2018). Since that time, no changes                harassment threshold for acoustic, non-
                                                                                                        have been made to the planned                         impulsive sources (e.g., sub-bottom
                                                purpose of this IHA, the survey area is
                                                                                                        activities and a detailed description is              profilers/chirps, echosounders, and
                                                designated as the Lease Area and cable
                                                                                                        not repeated here. Please refer to that               other sonars including side-scan and
                                                route corridors. Water depths across the
                                                                                                        Federal Register notice for the                       fish-finding).
                                                Lease Area are estimated to range from
                                                                                                        description of the specific activity.                    NMFS Response: As NMFS has said
                                                approximately 8 to 40 m (26 to 131 feet
                                                                                                        Comments and Responses                                on numerous other responses to this
                                                (ft)) while the cable route corridors will
                                                                                                                                                              recommendation, certain sub-bottom
                                                extend to shallow water areas near                        NMFS published a notice of proposed                 profiling systems are appropriately
                                                landfall locations. Surveys would begin                 IHA in the Federal Register on June 11,               considered to be impulsive sources (e.g.,
                                                no earlier than August 1, 2018 and are                  2018 (83 FR 26968). During the 30-day                 boomers, sparkers); therefore, the
                                                anticipated to last for up to three                     public comment period, NMFS received                  threshold of 160 dB re 1mPa will
                                                months.                                                 one comment letter, which was from the                continue to be used for those sources.
                                                   The purpose of the marine site                       Marine Mammal Commission                              Other source types referenced by the
                                                characterization surveys are to acquire                 (Commission). No other public                         Commission produce signals that are
                                                data regarding the potential presence of                comments were received. NMFS has                      not necessarily strictly impulsive;
                                                UXO within the proposed construction                    posted the comment letter received                    however, NMFS finds that the 160-dB
                                                and operational footprints of the CVOW                  online at: www.fisheries.noaa.gov/                    root mean square (rms) threshold is
                                                Project Area (i.e., export cable                        national/marine-mammal-protection/                    most appropriate for use in evaluating
                                                construction corridor, inter-array cable                incidental-take-authorizations-other-                 potential behavioral impacts to marine
                                                area, and wind turbine positions) in                    energy-activities-renewable. The                      mammals because the temporal
                                                accordance with the Bureau of Ocean                     following is a summary of the                         characteristics (i.e., intermittency) of
                                                Energy Management (BOEM) guidelines                     Commission comments received and                      these sources are better captured by this
                                                for archaeology surveys as well as                      NMFS’s responses.                                     threshold. The 120-dB threshold is
                                                geophysical activities. No removal of                     Comment 1: The Commission notes                     associated with continuous sources and
                                                ordnance would be conducted as a part                   that impulsive thresholds, rather than                was derived based on studies examining
                                                of the activities. Underwater sound                     non-impulsive thresholds, were                        behavioral responses to drilling and
                                                resulting from Dominion’s proposed                      incorrectly used to model Level A                     dredging. Continuous sounds are those
                                                HRG surveys for UXO have the potential                  harassment zones for the ultra-short                  whose sound pressure level remains
                                                to result in incidental take of marine                  baseline positioning system (UBPS) and                above that of the ambient sound, with
                                                mammals in the form of harassment.                      sub-bottom profiler (SBP) sources,                    negligibly small fluctuations in level
                                                                                                        which resulted in overly conservative                 (NIOSH, 1998; ANSI, 2005). Examples
                                                Dates and Duration                                      Level A harassment zones. The                         of sounds that NMFS would categorize
                                                                                                        Commission states that NMFS should                    as continuous are those associated with
                                                  Surveys will last for approximately                   not permit applicants to arbitrarily                  drilling or vibratory pile driving
                                                three months and are anticipated to                     choose which thresholds to use, and                   activities. Intermittent sounds are
                                                commence no earlier than August 1,                      should prohibit applicants from using                 defined as sounds with interrupted
                                                2018. This schedule is based on 24-hour                 impulsive thresholds for non-impulsive                levels of low or no sound (NIOSH,
                                                operations and includes potential down                  sources.                                              1998). Thus, signals produced by these
                                                time due to inclement weather. Based                      NMFS Response: NMFS appreciates                     source types are not continuous but
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                                                on 24-hour operations, the estimated                    the input from the Commission. We                     rather intermittent sounds. With regard
                                                duration of the HRG survey activities                   acknowledge the error, and have                       to behavioral thresholds, we consider
                                                would be approximately 60 days for the                  corrected it in this final notice (refer to           the temporal and spectral characteristics
                                                export cable route corridor and                         Table 4) and IHA, and will ensure it                  of signals produced by these source
                                                approximately 15 days each for the                      does not happen again. Take by Level A                types to more closely resemble those of
                                                inter-array cable route and wind turbine                harassment was not proposed for                       an impulse sound rather than a
                                                positions.                                              authorization based on the fact that it is            continuous sound. The threshold of 160


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                                                39064                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                dB re 1mPa is typically associated with                 any low frequency (LF) cetacean,                      issuing a renewal IHA does not bypass
                                                impulsive sources, which are inherently                 including humpback whales and minke                   the public notice and comment
                                                intermittent. Therefore, the 160 dB                     whales. This recommendation is based                  requirements of the MMPA. The notice
                                                threshold (typically associated with                    on the fact that the sound source used                of the proposed IHA expressly notifies
                                                impulsive sources) is more appropriate                  to calculate the Level B harassment zone              the public that under certain, limited
                                                than the 120 dB threshold (typically                    (Innomar sub-bottom profiler) operates                conditions an applicant could seek a
                                                associated with continuous sources) for                 at frequencies which are 50 kHz beyond                renewal IHA for an additional year. The
                                                estimating takes by behavioral                          the best hearing capabilities of these                notice describes the conditions under
                                                harassment incidental to use of such                    species, and the sound source with the                which such a renewal request could be
                                                sources.                                                largest Level B harassment zone within                considered and expressly seeks public
                                                   Comment 4: The Commission                            the best hearing range of LF cetaceans                comment in the event such a renewal is
                                                commented that harbor seals have been                   only has a 20 m Level B harassment                    sought. Additional reference to this
                                                occurring in the Virginia area earlier in               isopleth.                                             solicitation of public comment has
                                                fall months. The Commission                                NMFS Response: NMFS has not                        recently been added at the beginning of
                                                recommends that NMFS include at least                   authorized take of any LF cetaceans, as               the FR notices that consider renewals,
                                                five harbor seal takes and one gray seal                recommended by the Commission.                        requesting input specifically on the
                                                take in the Final IHA to account for                       Comment 7: The Commission                          possible renewal itself. NMFS
                                                their potential occurrence in the project               continues to express concern that the                 appreciates the streamlining achieved
                                                area.                                                   method used to estimate the numbers of                by the use of abbreviated FR notices and
                                                   NMFS Response: NMFS has included                     takes, which summed fractions of takes                intends to continue using them for
                                                the takes of five harbor seals and one                  for each species across project days,                 proposed IHAs that include minor
                                                gray seal, as recommended by the                        does not account for and negates the                  changes from previously issued IHAs,
                                                Commission.                                             intent of NMFS’ 24-hour reset policy                  but which do not satisfy the renewal
                                                   Comment 5: The Commission noted                      and recommended that NMFS share the                   requirements. However, we believe our
                                                concerns with density information and                   rounding criteria with the Commission                 proposed method for issuing renewals
                                                take calculations and recommended the                   in an expeditious manner.                             meets statutory requirements and
                                                following: NMFS should (1) clarify why                     NMFS Response: NMFS recently                       maximizes efficiency.
                                                various densities were revised and                      completed internal guidance on                           Importantly, such renewals would be
                                                ensure all are correct; (2) report                      rounding and consideration of                         limited to circumstances where: The
                                                densities and ensonified areas out to                   qualitative factors in the estimation of              activities are identical or nearly
                                                three significant digits to ensure takes                instances of take, and provided this                  identical to those analyzed in the
                                                were calculated properly; (3) include                   information to the Commission. As                     proposed IHA; monitoring does not
                                                takes for Risso’s dolphins based on                     discussed with the Commission, we                     indicate impacts that were not
                                                average group size, noting that                         believe that the methodology used for                 previously analyzed and authorized;
                                                Dominion estimated 0.59 takes for this                  take calculation in this IHA remains                  and, the mitigation and monitoring
                                                species, but did not request take while                 appropriate and is not at odds with the               requirements remain the same, all of
                                                estimating ‘‘similarly low numbers’’ for                24-hour reset policy the Commission                   which allow the public to comment on
                                                pilot whales and requesting take for this               references.                                           the appropriateness and effects of a
                                                species based on group size.                               Comment 8: The Commission                          renewal at the same time the public
                                                   NMFS Response: The densities were                    continues to request clarification                    provides comments on the initial IHA.
                                                not revised and remain the same as were                 regarding certain issues associated with              NMFS has, however, modified the
                                                included in the notice for the proposed                 NMFS’ notice that one-year renewals                   language for future proposed IHAs to
                                                IHA (83 FR 26968, June 11, 2018), with                  could be issued in certain limited                    clarify that all IHAs, including renewal
                                                the exception of adding three decimal                   circumstances and expressed concern                   IHAs, are valid for no more than one
                                                places, as requested by the Commission                  that the process would bypass the                     year and that the agency would consider
                                                (refer to Table 6 of this notice). The                  public notice and comment                             only one renewal for a project at this
                                                Commission erroneously states that 0.59                 requirements. The Commission also                     time. In addition, notice of issuance or
                                                takes of Risso’s dolphins were                          suggested that NMFS should discuss the                denial of a renewal IHA would be
                                                calculated. As shown in the notice for                  possibility of renewals through a more                published in the Federal Register, as
                                                the proposed IHA, only 0.08 takes of                    general route, such as a rulemaking,                  they are for all IHAs. The option for
                                                Risso’s dolphins were estimated based                   instead of notice in a specific                       issuing renewal IHAs has been in
                                                on calculations. Calculations of pilot                  authorization. The Commission further                 NMFS’s incidental take regulations
                                                whales estimated 1.15 takes. As Risso’s                 recommended that if NMFS did not                      since 1996. We will provide any
                                                dolphin calculations are so low as to not               pursue a more general route, that the                 additional information to the
                                                round up to one (1) take, and the                       agency provide the Commission and the                 Commission and consider posting a
                                                applicant did not request take due to the               public with a legal analysis supporting               description of the renewal process on
                                                low likelihood of encountering this                     our conclusion that this process is                   our website before any renewal is issued
                                                species based on take estimates and lack                consistent with the requirements of                   utilizing this process.
                                                of sighting data, NMFS did not propose                  section 101(a)(5)(D) of the MMPA. The
                                                takes, and is not authorizing takes for                 Commission also noted that NMFS had                   Description of Marine Mammals in the
                                                this species. However, calculated takes                 recently begun utilizing abbreviated                  Area of Specified Activity
                                                                                                                                                                Sections 3 and 4 of Dominion’s IHA
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                                                for pilot whales did estimate over one                  notices, referencing relevant documents,
                                                (1) take. Therefore, takes have been                    to solicit public input and suggested                 application summarize available
                                                authorized for this species and the take                that NMFS use these notices and solicit               information regarding status and trends,
                                                estimate was adjusted to account for                    review in lieu of the currently proposed              distribution and habitat preferences,
                                                average group size for this species.                    renewal process.                                      and behavior and life history, of the
                                                   Comment 6: The Commission                               NMFS Response: As stated in                        potentially affected marine mammal
                                                recommended that NMFS refrain from                      previous responses to this comment                    species. Additional information
                                                authorizing Level B harassment takes of                 from the Commission, the process of                   regarding population trends and threats


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                                                                               Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                                              39065

                                                may be found in NMFS’s Stock                                        (PBR), where known. For taxonomy, we                                   number estimated within a particular
                                                Assessment Reports (SAR;                                            follow Committee on Taxonomy (2017).                                   study or survey area. NMFS’s stock
                                                www.fisheries.noaa.gov/national/                                    PBR is defined by the MMPA as the                                      abundance estimates for most species
                                                marine-mammal-protection/marine-                                    maximum number of animals, not                                         represent the total estimate of
                                                mammal-stock-assessments) and more                                  including natural mortalities, that may                                individuals within the geographic area,
                                                general information about these species                             be removed from a marine mammal                                        if known, that comprises that stock. For
                                                (e.g., physical and behavioral                                      stock while allowing that stock to reach                               some species, this geographic area may
                                                descriptions) may be found on NMFS’s                                or maintain its optimum sustainable                                    extend beyond U.S. waters. All managed
                                                website (www.fisheries.noaa.gov/                                    population (as described in NMFS’s                                     stocks in this region are assessed in
                                                species-directory).                                                 SARs). While no mortality is anticipated
                                                                                                                                                                                           NMFS’s U.S. 2017 draft SARs (e.g.,
                                                   Table 1 lists all species with expected                          or authorized here, PBR is included here
                                                potential for occurrence in the survey                                                                                                     Hayes et al., 2018). All values presented
                                                                                                                    as gross indicators of the status of the
                                                area and summarizes information                                     species and other threats.                                             in Table 2 are the most recent available
                                                related to the population or stock,                                   Marine mammal abundance estimates                                    at the time of publication and are
                                                including regulatory status under the                               presented in this document represent                                   available in the 2017 draft SARs (Hayes
                                                MMPA and Endangered Species Act                                     the total number of individuals that                                   et al., 2018).
                                                (ESA) and potential biological removal                              make up a given stock or the total
                                                                             TABLE 1—MARINE MAMMALS WITH POTENTIAL OCCURRENCE IN THE SURVEY AREA
                                                                                                                                           NMFS
                                                                                                                                           MMPA                                                                 Occurrence and seasonality in
                                                                                                                                          and ESA               Stock abundance                      PBR 3
                                                          Common name                                       Stock                                                  (CV,Nmin) 2                                             the NW
                                                                                                                                           status;                                                                      atlantic OCS
                                                                                                                                          strategic
                                                                                                                                           (Y/N) 1

                                                                                                                                   Toothed whales (Odontoceti)

                                                Atlantic white-sided dolphin             W. North Atlantic .........................      -; N        48,819 (0.61; 30,403) ..................          304    rare.
                                                   (Lagenorhynchus acutus).
                                                Atlantic spotted dolphin (Stenella       W. North Atlantic .........................      -; N        44,715 (0.43; 31,610) ..................          316    rare.
                                                   frontalis).
                                                Bottlenose dolphin (Tursiops             W. North Atlantic, Southern Mi-                  -; Y        3,751 (0.60; 2,353) ......................         23    Common year round.
                                                   truncatus).                            gratory Coastal.
                                                Clymene dolphin (Stenella                W. North Atlantic .........................      -; N        Unknown (unk; unk; n/a) .............            Undet   rare.
                                                   clymene).
                                                Pantropical Spotted dolphin              W. North Atlantic .........................      -; N        3,333 (0.91; 1,733) ......................         17    rare.
                                                   (Stenella attenuata).
                                                Risso’s dolphin (Grampus                 W. North Atlantic .........................      -; N        18,250 (0.46; 12,619) ..................          126    rare.
                                                   griseus).
                                                Common dolphin (Delphinus del-           W. North Atlantic .........................      -; N        70,184 (0.28; 55,690) ..................          557    Common year round.
                                                   phis).
                                                Striped dolphin (Stenella                W. North Atlantic .........................      -; N        54,807 (0.3; 42,804) ....................         428    rare.
                                                   coeruleoalba).
                                                Spinner Dolphin (Stenella                W. North Atlantic .........................      -; N        Unknown (unk; unk; n/a) .............            Undet   rare.
                                                   longirostris).
                                                Harbor porpoise (Phocoena                Gulf of Maine/Bay of Fundy ........              -; N        79,833 (0.32; 61,415) ..................          706    Common year round.
                                                   phocoena).
                                                Killer whale (Orcinus orca) ..........   W. North Atlantic .........................      -; N        Unknown (unk; unk; n/a) .............            Undet   rare.
                                                False killer whale (Pseudorca            W. North Atlantic .........................      -; Y        442 (1.06; 212) ............................       2.1   rare.
                                                   crassidens).
                                                Long-finned pilot whale                  W. North Atlantic .........................      -; Y        5,636 (0.63; 3,464) ......................         35    rare.
                                                   (Globicephala melas).
                                                Short-finned pilot whale                 W. North Atlantic .........................      -; Y        21,515 (0.37; 15,913) ..................          159    rare.
                                                   (Globicephala macrorhynchus).
                                                Sperm whale (Physeter                    North Atlantic ...............................   E; Y        2,288 (0.28; 1,815) ......................         3.6   Year round in continental shelf
                                                   macrocephalus).                                                                                                                                               and slope waters, occur sea-
                                                                                                                                                                                                                 sonally to forage.
                                                Pygmy sperm whale 4 (Kogia               W. North Atlantic .........................      -; N        3,785 (0.47; 2,598) ......................         26    rare.
                                                  breviceps).
                                                Dwarf sperm whale 4 (Kogia               W. North Atlantic .........................      -; N        3,785 (0.47; 2,598) ......................         26    rare.
                                                  sima).
                                                Cuvier’s beaked whale (Ziphius           W. North Atlantic .........................      -; N        6,532 (0.32; 5,021) ......................         50    rare.
                                                  cavirostris).
                                                Blainville’s beaked whale 5              W. North Atlantic .........................      -; N        7,092 (0.54; 4,632) ......................         46    rare.
                                                  (Mesoplodon densirostris).
                                                Gervais’ beaked whale 5                  W. North Atlantic .........................      -; N        7,092 (0.54; 4,632) ......................         46    rare.
                                                  (Mesoplodon europaeus).
                                                True’s beaked whale 5                    W. North Atlantic .........................      -; N        7,092 (0.54; 4,632) ......................         46    rare.
                                                  (Mesoplodon mirus).
                                                Sowerby’s Beaked Whale 5                 W. North Atlantic .........................      -; N        7,092 (0.54; 4,632) ......................         46    rare.
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                                                  (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) ......................         14    Year round in continental shelf
                                                  acutorostrata).                                                                                                                                                and slope waters, occur sea-
                                                                                                                                                                                                                 sonally to forage.



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                                                39066                         Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                                   TABLE 1—MARINE MAMMALS WITH POTENTIAL OCCURRENCE IN THE SURVEY AREA—Continued
                                                                                                                                            NMFS
                                                                                                                                            MMPA                                                                   Occurrence and seasonality in
                                                                                                                                           and ESA                Stock abundance                       PBR 3
                                                          Common name                                      Stock                                                     (CV,Nmin) 2
                                                                                                                                                                                                                              the NW
                                                                                                                                            status;                                                                        atlantic OCS
                                                                                                                                           strategic
                                                                                                                                            (Y/N) 1

                                                Blue whale (Balaenoptera                W. North Atlantic .........................        E; Y        Unknown (unk; 440) ....................              0.9   Year round in continental shelf
                                                  musculus).                                                                                                                                                        and slope waters, occur sea-
                                                                                                                                                                                                                    sonally to forage.
                                                Fin whale (Balaenoptera                 W. North Atlantic .........................        E; Y        1,618 (0.33; 1,234) ......................           2.5   Year round in continental shelf
                                                  physalus).                                                                                                                                                        and slope waters, occur sea-
                                                                                                                                                                                                                    sonally to forage.
                                                Humpback whale (Megaptera               Gulf of Maine ...............................      -; Y        335 (0.42; 239) ............................         3.7   Common year round
                                                  novaeangliae).
                                                North Atlantic right whale              W. North Atlantic .........................        E; Y        458 (0; 455) .................................       1.4   Year round in continental shelf
                                                  (Eubalaena glacialis).                                                                                                                                            and slope waters, occur sea-
                                                                                                                                                                                                                    sonally to forage.
                                                Sei whale (Balaenoptera borealis)       Nova Scotia .................................      E; Y        357 (0.52; 236) ............................         0.5   Year round in continental shelf
                                                                                                                                                                                                                    and slope waters, occur sea-
                                                                                                                                                                                                                    sonally to forage.

                                                                                                                                         Earless seals (Phocidae)

                                                Gray seal 6 (Halichoerus grypus)        W. North Atlantic .........................        -; N        27,131 (0.10; 25,908) ..................           1,554   Unlikely.
                                                Harbor seal (Phoca vitulina) ........   W. North Atlantic .........................        -; N        75,834 (0.15; 66,884) ..................           2,006   Common year round.
                                                Hooded seal (Cystophora                 W. North Atlantic .........................        -; N        Unknown (unk; unk) ....................            Undet   rare.
                                                  cristata).
                                                Harp seal (Phoca groenlandica) ..       North Atlantic ...............................     -; N        Unknown (unk; unk) ....................            Undet   rare.
                                                  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 de-
                                                pleted 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 de-
                                                termined 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 2017 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).
                                                  4 Abundance estimate includes both dwarf and pygmy sperm whales.
                                                  5 Abundance estimate includes all species of Mesoplodon in the Atlantic.
                                                  6 Abundance estimate applies to U.S. population only, actual abundance, including those occurring in Canada, is estimated at 505,000.




                                                   All species that could potentially                              in waters of the mid-Atlantic (sperm                                      proposed IHA noted that the seals were
                                                occur in the proposed survey areas are                             whale, north Atlantic right whale, fin                                    not expected to be present during the
                                                included in Table 1. However, the                                  whale, blue whale, and sei whale). All                                    summer and fall months when the
                                                temporal and/or spatial occurrence for                             of these species are highly migratory                                     survey activities are planned (Waring et
                                                all but 11 of the species listed in Table                          and do not spend extended periods of                                      al., 2016). In addition, the proposed IHA
                                                2 is such that take of these species is not                        time in the localized survey area. The                                    noted that coastal Virginia represents
                                                expected to occur, and they are not                                offshore waters of Virginia (including                                    the southern extent of the habitat range
                                                discussed further beyond the                                       the survey area) are primarily used as a                                  for gray seals, with few stranding
                                                explanation provided here. Take of                                 migration corridor for these species,                                     records reported and sightings only
                                                these species is not anticipated either                            particularly north Atlantic right whales,                                 occur during winter months as far south
                                                because they have very low densities in                            during seasonal movements north or                                        as New Jersey (Waring et al., 2016).
                                                the project area, are known to occur                               south between feeding and breeding                                        Therefore pinniped species were not
                                                further offshore or further north than the                         grounds (Knowlton et al., 2002;                                           considered for take in the proposed
                                                project area, or are considered very                               Firestone et al., 2008). While fin and                                    IHA. However, after review of public
                                                unlikely to occur in the project area                              north Atlantic right whales have the                                      comments received on the proposed
                                                during the proposed survey due to the                              potential to occur within the survey                                      IHA that stated harbor seals and gray
                                                species’ seasonal occurrence in the area.                          area, sperm, blue, and sei whales are                                     seals have more recently been observed
                                                The 11 species/stocks evaluated for                                more pelagic and/or northern species                                      to be present in the area earlier than
                                                incidental take in the proposed IHA                                and their presence within the survey                                      expected, NMFS has added a small
                                                included: North Atlantic right whale;                              area is unlikely (Waring et al., 2007;                                    number of takes for these species out of
                                                humpback whale; fin whale; minke                                   2010; 2012; 2013) and these species are                                   an abundance of caution.
                                                whale; Atlantic white-sided dolphin;                               therefore not considered further in this                                     A detailed description of the species
                                                common dolphin; bottlenose dolphin;                                analysis. In addition, the proposed IHA                                   likely to be affected by Dominion’s UXO
                                                Atlantic spotted dolphin; long-finned                              (83 FR 26968, June 11, 2018) noted that,                                  survey activities, including brief
                                                pilot whale; short-finned pilot whale;                             while stranding data exists for harbor                                    introductions to the species and
                                                                                                                   and gray seals along the mid-Atlantic                                     relevant stocks as well as available
sradovich on DSK3GMQ082PROD with NOTICES




                                                and harbor porpoise. However, as
                                                discussed below, takes for harbor seals                            coast south of New Jersey, their                                          information regarding population trends
                                                and gray seals have been authorized as                             preference for colder, northern waters                                    and threats, and information regarding
                                                a result of consideration of public                                during the survey period makes their                                      local occurrence, were provided in the
                                                comment on the proposed IHA.                                       presence in the survey area unlikely.                                     Federal Register notice for the proposed
                                                   Five marine mammal species listed in                            Winter haulout sites for harbor seals                                     IHA (83 FR 26968; June 11, 2018); since
                                                Table 2 are listed under the ESA and are                           have been identified within the                                           that time, we are not aware of any
                                                known to be present, at least seasonally,                          Chesapeake Bay region. However, the                                       changes in the status of these species


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                                                                              Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                                       39067

                                                and stocks; therefore, detailed                            disruption of behavioral patterns for                               received levels 160 dB re 1 mPa (rms) for
                                                descriptions are not repeated here.                        individual marine mammals. NMFS has                                 non-explosive impulsive (e.g., seismic
                                                Please refer to the Federal Register                       determined take by Level A harassment                               HRG equipment) or intermittent (e.g.,
                                                notice for the proposed IHA for                            is not an expected outcome of the                                   scientific sonar) sources. Dominion’s
                                                descriptions of species. Please also refer                 proposed activity as discussed in greater                           proposed activity includes the use of
                                                to NMFS’ website                                           detail below. As described previously,                              impulsive sources. Therefore, the 160
                                                (www.fisheries.noaa.gov/species-                           no mortality or serious injury is                                   dB re 1 mPa (rms) criteria is applicable
                                                directory) for generalized species                         anticipated, nor is any authorized for                              for analysis of Level B harassment.
                                                accounts.                                                  this activity. Below we describe how the                              Level A harassment—NMFS’
                                                                                                           take is estimated for this project.                                 Technical Guidance for Assessing the
                                                Potential Effects of Specified Activities                     Described in the most basic way, we
                                                on Marine Mammals and Their Habitat                                                                                            Effects of Anthropogenic Sound on
                                                                                                           estimate take by considering: (1)                                   Marine Mammal Hearing (NMFS 2016)
                                                  The potential effects of Dominion’s                      Acoustic thresholds above which NMFS                                identifies dual criteria to assess auditory
                                                UXO survey activities have the potential                   believes the best available science                                 injury (Level A harassment) to five
                                                to result in incidental take of marine                     indicates marine mammals will be                                    different marine mammal groups (based
                                                mammals by harassment in the vicinity                      behaviorally harassed or incur some                                 on hearing sensitivity) as a result of
                                                of the survey area. The Federal Register                   degree of permanent hearing                                         exposure to noise from two different
                                                notice for the proposed IHA (83 FR                         impairment; (2) the area or volume of                               types of sources (impulsive or non-
                                                26968; June 11, 2018) included a                           water that will be ensonified above                                 impulsive). The Technical Guidance
                                                discussion of the potential effects of                     these levels in a day; (3) the density or                           identifies the received levels, or
                                                Dominion’s UXO survey activities on                        occurrence of marine mammals within                                 thresholds, above which individual
                                                marine mammals and their habitat, and                      these ensonified areas; and, (4) and the                            marine mammals are predicted to
                                                that information is not repeated here;                     number of days of activities. Below, we                             experience changes in their hearing
                                                please refer to that Federal Register                      describe these components in more                                   sensitivity for all underwater
                                                notice for that information. No instances                  detail and present the take estimate.                               anthropogenic sound sources, reflects
                                                of injury, serious injury, or mortality are                                                                                    the best available science, and better
                                                                                                           Acoustic Thresholds
                                                expected as a result of the planned                                                                                            predicts the potential for auditory injury
                                                activities.                                                   NMFS uses acoustic thresholds that
                                                                                                           identify the received level of                                      than does NMFS’ historical criteria.
                                                Estimated Take                                             underwater sound above which exposed                                  These thresholds were developed by
                                                   This section provides an estimate of                    marine mammals would be reasonably                                  compiling and synthesizing the best
                                                the number of incidental takes                             expected to be behaviorally harassed                                available science and soliciting input
                                                authorized through this IHA, which                         (equated to Level B harassment) or to                               multiple times from both the public and
                                                informed both NMFS’ consideration of                       incur PTS of some degree (equated to                                peer reviewers to inform the final
                                                ‘‘small numbers’’ and the negligible                       Level A harassment).                                                product, and are provided in Table 2
                                                impact determination.                                         Level B Harassment—Though                                        below. The references, analysis, and
                                                   Harassment is the only type of take                     significantly driven by received level,                             methodology used in the development
                                                expected to result from these activities.                  the onset of behavioral disturbance from                            of the thresholds are described in NMFS
                                                Except with respect to certain activities                  anthropogenic noise exposure is also                                2016 Technical Guidance, which may
                                                not pertinent here, the MMPA defines                       informed to varying degrees by other                                be accessed at: www.nmfs.noaa.gov/pr/
                                                ‘‘harassment’’ as any act of pursuit,                      factors related to the sound source (e.g.,                          acoustics/guidelines.htm. As described
                                                torment, or annoyance which (i) has the                    frequency, predictability, duty cycle);                             above, Dominion’s proposed activity
                                                potential to injure a marine mammal or                     the environment (e.g., bathymetry); and                             includes the use of intermittent and
                                                marine mammal stock in the wild (Level                     the receiving animals (hearing,                                     impulsive sources. We note here that for
                                                A harassment); or (ii) has the potential                   motivation, experience, demography,                                 intermittent sources such as the Geo-
                                                to disturb a marine mammal or marine                       behavioral context); therefore can be                               Source 800 sparker and the Innomar
                                                mammal stock in the wild by causing                        difficult to predict (Southall et al., 2007,                        Medium 100 sub-bottom profiler, it is
                                                disruption of behavioral patterns,                         Ellison et al. 2011). NMFS uses a                                   more appropriate to consider these
                                                including, but not limited to, migration,                  generalized acoustic threshold based on                             sources as non-impulsive for
                                                breathing, nursing, breeding, feeding, or                  received level to estimate the onset of                             consideration of potential for Level A
                                                sheltering (Level B harassment).                           Level B (behavioral) harassment. NMFS                               harassment but due to their intermittent
                                                   Authorized takes would be by Level B                    predicts that marine mammals may be                                 nature they are considered impulsive for
                                                harassment only, as use of the HRG                         behaviorally harassed when exposed to                               consideration of potential for Level B
                                                equipment has the potential to result in                   underwater anthropogenic noise above                                harassment.

                                                           TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS
                                                                                                                                                                       PTS onset thresholds
                                                                           Hearing group
                                                                                                                                                              Impulsive *                                            Non-impulsive

                                                Low-Frequency (LF) Cetaceans ...........................................   Lpk,flat:   219   dB;   LE,LF,24h: 183 dB .........................................   LE,LF,24h: 199 dB.
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                                                Mid-Frequency (MF) Cetaceans ...........................................   Lpk,flat:   230   dB;   LE,MF,24h: 185 dB ........................................    LE,MF,24h: 198 dB.
                                                High-Frequency (HF) Cetaceans ..........................................   Lpk,flat:   202   dB;   LE,HF,24h: 155 dB ........................................    LE,HF,24h: 173 dB.
                                                Phocid Pinnipeds (PW) (Underwater) ...................................     Lpk,flat:   218   dB;   LE,PW,24h: 185 dB ........................................    LE,PW,24h: 201 dB.
                                                Otariid Pinnipeds (OW) (Underwater) ...................................    Lpk,flat:   232   dB;   LE,OW,24h: 203 dB .......................................     LE,OW,24h: 219 dB.
                                                  Note: * 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.



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                                                39068                                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                   Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s.
                                                In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure
                                                is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being
                                                included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated
                                                with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
                                                cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level
                                                thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for
                                                action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.


                                                Ensonified Area                                                           26968; June 11, 2018)). Of the HRG                                    was used as the basis of the Level B take
                                                                                                                          survey equipment planned for use that                                 calculation for all marine mammals.
                                                  Here, we describe operational and                                       has the potential to result in harassment                             However, this sound source operates at
                                                environmental parameters of the activity                                  of marine mammals, acoustic modeling                                  frequencies that are 50 kHz beyond the
                                                that feed into estimating the area                                        indicated the Innomar Medium 100 sub-                                 best hearing capabilities of LF
                                                ensonified above the acoustic                                             bottom profiler would be expected to                                  cetaceans, so there is no potential for
                                                thresholds.                                                               produce sound that would propagate the                                behavioral harassment of these species.
                                                  The proposed survey would entail the                                    furthest in water (Table 3); therefore, for                           The sound source with the next-largest
                                                use of HRG survey equipment. The                                          the purposes of the take calculation, it                              Level B harassment threshold distance
                                                distance to the isopleth corresponding                                    was assumed this equipment would be                                   was the Geo-Source 800 sparker and this
                                                to the threshold for Level B harassment                                   active during the entirety of the survey.
                                                                                                                                                                                                distance is 20 m, which is well within
                                                was calculated for all HRG survey                                         Thus the distance to the isopleth
                                                                                                                                                                                                the required 100-m exclusion zone for
                                                equipment with the potential to result                                    corresponding to the threshold for Level
                                                in harassment of marine mammals (see                                      B harassment for the Innomar Medium                                   large whales. Therefore, no take for LF
                                                Table 1 of the Proposed IHA (83 FR                                        100 sub-bottom profiler (100 m; Table 3)                              cetaceans have been authorized.

                                                       TABLE 3—PREDICTED RADIAL DISTANCES (m) FROM HRG SOURCES TO ISOPLETHS CORRESPONDING TO LEVEL B
                                                                                           HARASSMENT THRESHOLD
                                                                                                                                                                                                                                               Modeled
                                                                                                                                                                                                                                              distance to
                                                                                     HRG system                                                                              HRG survey equipment                                              threshold
                                                                                                                                                                                                                                             (160 dB re 1
                                                                                                                                                                                                                                                 μPa)

                                                Pinger/Chirper .............................................................................      GeoPulse sub-bottom profiler .....................................................                 <5 m
                                                Sparker .......................................................................................   Geo-Source 800 sparker ............................................................               <20 m
                                                Medium penetration sub-bottom profiler ....................................                       Innomar Medium 100 sub-bottom profiler ..................................                      * <100 m
                                                   * We note here that the Innomar Medium 100 sub-bottom profiler operating frequencies (85–115 kHz) are beyond the best hearing capabilities
                                                of LF cetaceans (7–35 kHz), but as this sound source provides the largest Level B isopleth, this information was used to calculate the zone of in-
                                                fluence and estimate take for all species.


                                                   Predicted distances to Level A                                         and Innomar 100 sub-bottom profiler are                               the duration component and the use of
                                                harassment isopleths, which vary based                                    more appropriately considered as non-                                 weighting functions in the new SELcum
                                                on marine mammal functional hearing                                       impulsive sources, which considers the                                thresholds, NMFS developed an
                                                groups (Table 4), were also calculated                                    SELcum metric only. This information                                  optional User Spreadsheet that includes
                                                by Dominion. The updated acoustic                                         has been corrected in Table 4 below,                                  tools to help predict a simple isopleth
                                                thresholds for impulsive sounds (such                                     and NMFS notes that the correction                                    that can be used in conjunction with
                                                as HRG survey equipment) contained in                                     results in smaller distances to the Level                             marine mammal density or occurrence
                                                the Technical Guidance (NMFS, 2016)                                       A threshold than reported in the                                      to facilitate the estimation of take
                                                were presented as dual metric acoustic                                    proposed IHA notice and reinforces our                                numbers. Dominion used the NMFS
                                                thresholds using both SELcum and peak                                     determination that Level A harassment
                                                                                                                                                                                                optional User Spreadsheet to calculate
                                                sound pressure level (SPL) metrics for                                    is so unlikely to occur as to be
                                                                                                                                                                                                distances to Level A harassment
                                                all equipment in the notice of the                                        discountable. The SELcum metric
                                                proposed IHA (83 FR 26968, June 11,                                       considers both level and duration of                                  isopleths (see Appendix A of the IHA
                                                2018). As dual metrics, NMFS considers                                    exposure, as well as auditory weighting                               application). Modeled distances to
                                                onset of PTS (Level A harassment) to                                      functions by marine mammal hearing                                    isopleths corresponding to Level A
                                                have occurred when either one of the                                      group. In recognition of the fact that                                harassment thresholds for the proposed
                                                two metrics is exceeded (i.e., metric                                     calculating Level A harassment                                        HRG equipment and marine mammal
                                                resulting in the largest isopleth).                                       ensonified areas could be more                                        hearing groups are shown in Table 4.
                                                However, the Geo-Source 800 sparker                                       technically challenging to predict due to

                                                    TABLE 4—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS
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                                                                                                                                                                                                                                                Lateral
                                                                          Functional hearing group                                                                                    PTS onset                                                distance
                                                                       (Level A harassment thresholds)                                                                                                                                            (m)

                                                                                                                                     GeoPulse Sub-Bottom Profiler

                                                Low frequency cetaceans ...........................................................               199 dB SELcum ..........................................................................                —
                                                Mid frequency cetaceans ............................................................              198 dB SELcum ..........................................................................                —



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                                                                                 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                                                    39069

                                                  TABLE 4—MODELED RADIAL DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS—
                                                                                               Continued
                                                                                                                                                                                                                                            Lateral
                                                                       Functional hearing group                                                                              PTS onset                                                     distance
                                                                    (Level A harassment thresholds)                                                                                                                                           (m)

                                                High frequency cetaceans ..........................................................    173 dB SELcum ..........................................................................                       <1
                                                Phocid Pinnipeds (Underwater) ..................................................       201 dB SELcum ..........................................................................                       —

                                                                                                                               Geo-Source 800 Sparker

                                                Low frequency cetaceans ...........................................................    219   dBpeak/183      dB   SELcum       ........................................................              5
                                                Mid frequency cetaceans ............................................................   230   dBpeak/185      dB   SELcum       ........................................................             <1
                                                High frequency cetaceans ..........................................................    202   dBpeak/155      dB   SELcum       ........................................................         <1; 24
                                                Phocid Pinnipeds (Underwater) ..................................................       218   dBpeak/185      dB   SELcum       ........................................................              3

                                                                                                                   Innomar Medium 100 Sub-Bottom Profiler

                                                Low frequency cetaceans ...........................................................    199   dB   SELcum      ..........................................................................          N/A
                                                Mid frequency cetaceans ............................................................   198   dB   SELcum      ..........................................................................           —
                                                High frequency cetaceans ..........................................................    173   dB   SELcum      ..........................................................................           <5
                                                Phocid Pinnipeds (Underwater) ..................................................       201   dB   SELcum      ..........................................................................          N/A
                                                  Note: Peak SPL is unweighted (flat weighted), whereas the cumulative SEL criterion is M-weighted for the given marine mammal hearing
                                                group.
                                                  — indicates not expected to be measureable to regulatory threshold at any appreciable distance.
                                                  N/A indicates not applicable as the HRG sound source is outside the effective marine mammal hearing range.


                                                   In this case, due to the very small                           distance at which a stationary animal                                  m, and this is well within the required
                                                estimated distances to Level A                                   would not incur PTS if the sound source                                100-m exclusion zone (EZ) for large
                                                harassment thresholds for all marine                             traveled by the animal in a straight line                              whales.
                                                mammal functional hearing groups,                                at a constant speed. In addition to the
                                                                                                                                                                                        Marine Mammal Occurrence
                                                based on both SELcum and peak SPL                                conservative estimation of calculated
                                                (Table 4), and in consideration of the                           distances to isopleths associated with                                    In this section we provide the
                                                mitigation measures that must be                                 the Innomar Medium 100 sub-bottom                                      information about the presence, density,
                                                implemented, including marine                                    profiler, calculated takes may be                                      or group dynamics of marine mammals
                                                mammal exclusion zones to avoid Level                            conservative due to the fact that this                                 that will inform the take calculations.
                                                A harassment (see the Mitigation section                         sound source operates at frequencies                                      The best available scientific
                                                for more detail) NMFS has determined                             beyond the best hearing capabilities of                                information was considered in
                                                that the likelihood of Level A                                   LF cetaceans, but calculated takes for all                             conducting marine mammal exposure
                                                harassment take of marine mammals                                species were based on the isopleths                                    estimates (the basis for estimating take).
                                                occurring as a result of the proposed                            associated with this sound source. As                                  For cetacean species, densities
                                                survey is so low as to be discountable.                          discussed above, the Innomar Medium                                    calculated by Roberts et al. (2016) were
                                                Therefore, NMFS has not authorized                               100 sub-bottom profiler operates at                                    used. The density data presented by
                                                Level A harassment take of any marine                            frequencies between 85 and 115 kHz                                     Roberts et al. (2016) incorporates aerial
                                                mammals in the IHA.                                              and the best hearing range of LF                                       and shipboard line-transect survey data
                                                   We note that because of some of the                           cetaceans is between 7 and 35 kHz.                                     from NMFS and from other
                                                assumptions included in the methods                              Therefore, we would not expect that                                    organizations collected over the period
                                                used, isopleths produced may be                                  take of LF cetaceans would likely occur                                1992–2014. Roberts et al. (2016)
                                                overestimates to some degree. The                                due to the use of this equipment                                       modeled density from 8 physiographic
                                                acoustic sources proposed for use in                             because it operates beyond their hearing                               and 16 dynamic oceanographic and
                                                Dominion’s survey do not radiate sound                           capabilities. The proposed IHA (83 FR                                  biological covariates, and controlled for
                                                equally in all directions but were                               26968, June 11, 2018) noted takes were                                 the influence of sea state, group size,
                                                designed instead to focus acoustic                               estimated based on these isopleths due                                 availability bias, and perception bias on
                                                energy directly toward the sea floor.                            to the fact that the largest distances were                            the probability of making a sighting. In
                                                Therefore, the acoustic energy produced                          associated with this equipment.                                        general, NMFS considers the models
                                                by these sources is not received equally                         However, after consideration of public                                 produced by Roberts et al. (2016) to be
                                                in all directions around the source but                          comments, NMFS has determined not to                                   the best available source of data
                                                is instead concentrated along some                               issue take of LF cetaceans for the                                     regarding cetacean density in the
                                                narrower plane depending on the                                  following reasons: (1) the Innomar                                     Atlantic Ocean. More information,
                                                beamwidth of the source. For example,                            Medium 100 sub-bottom profiler                                         including the model results and
                                                in the case of the Innomar Medium 100                            operates at frequencies that are 50 kHz                                supplementary information for each
                                                sub-bottom profiler, the beamwidth is                            beyond the best hearing capabilities for                               model, is available online at:
sradovich on DSK3GMQ082PROD with NOTICES




                                                only one degree. However, the                                    these species, so there would be no                                    seamap.env.duke.edu/models/Duke-EC-
                                                calculated distances to isopleths do not                         potential for behavioral disturbance,                                  GOM-2015/.
                                                account for this directionality of the                           and (2) the sound source with the next                                    For the purposes of the take
                                                sound source and are therefore                                   largest Level B harassment isopleth is                                 calculations, density data from Roberts
                                                conservative. For mobile sources, such                           the Geo-Source 800 Sparker, for which                                  et al. (2016) were mapped within the
                                                as the proposed survey, the User                                 the distance to the Level B harassment                                 boundary of the survey area for each
                                                Spreadsheet predicts the closest                                 threshold has been calculated to be 20                                 survey segment (i.e., the Lease Area


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                                                39070                              Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                survey segment and the cable route area                       estimated daily track line distance of        each species taken per day varied
                                                survey segment; See Figure 1 in the IHA                       approximately 177.8 km (110.5 mi), it         depending on survey area (turbine
                                                application) using a geographic                               was estimated that an area of 35.59 km2       positions, inter-array cable route, and
                                                information system. Monthly density                           (13.74 mi2) per day would be ensonified       export cable route corridor), the number
                                                data for all cetacean species potentially                     to the largest Level B harassment             of each species taken per day in each
                                                taken by the proposed survey was                              threshold, and 17.78 km2 (0.69 mi2) per       respective survey area was multiplied
                                                available via Roberts et al. (2016).                          day would be ensonifed to the Level A         by the number of survey days
                                                Monthly mean density within the                               harassment threshold (largest threshold       anticipated in each survey area (i.e., 15
                                                survey area, as provided in Roberts et al.                    of 155 dB SELcum for HF cetaceans was         survey days each in the turbine position
                                                (2016), were averaged by season (i.e.,                        used) (Table 5).                              location and inter-array cable route, and
                                                Summer (June, July, August), and Fall                                                                       60 survey days in the export cable route
                                                (September, October, November)) to                             TABLE 5—ESTIMATED TRACK LINE DIS- corridor portion of the survey) to get a
                                                provide seasonal density estimates. The                           TANCE PER DAY (km) AND AREA total number of takes per species in each
                                                highest average seasonal density as                               (km2)       ESTIMATED       TO        BE respective survey area.
                                                reported by Roberts et al. (2016), for                            ENSONIFIED TO LEVEL B HARASS-                As described above, due to the very
                                                each species, was used based on the                               MENT THRESHOLD PER DAY                    small estimated distances to Level A
                                                planned survey dates of August through
                                                                                                                                                            harassment thresholds (based on both
                                                October.                                                                       Estimated      Estimated     SELcum and peak SPL; Table 4), and in
                                                Take Calculation and Estimation                                                    area           area      consideration of the mitigation
                                                                                                               Estimated       ensonified     ensonified
                                                                                                                track line                                  measures that must be implemented, the
                                                   Here we describe how the information                          distance      to Level A     to Level B
                                                provided above is brought together to                            per day      harassment     harassment     likelihood of the proposed survey
                                                                                                                                threshold      threshold    resulting in take in the form of Level A
                                                produce a quantitative take estimate.                              (km)          per day        per day
                                                   In order to estimate the number of                                             (km2)          (km2)
                                                                                                                                                            harassment is considered so unlikely as
                                                marine mammals predicted to be                                                                              to be discountable. Authorized take
                                                exposed to sound levels that would                            177.8 .........          17.78          35.59 numbers are shown in Table 6. As
                                                result in harassment, radial distances to                                                                   described above, the zone of influence
                                                predicted isopleths corresponding to                             The number of marine mammals               (ZOI) were calculated based on the
                                                harassment thresholds are calculated, as                      expected to be incidentally taken per         sound source with the largest isopleths
                                                described above. Those distances are                          day is then calculated by estimating the to the regulatory thresholds (the
                                                then used to calculate the area(s) around                     number of each species predicted to           Innomar Medium 100 sub-bottom
                                                the HRG survey equipment predicted to                         occur within the daily ensonified area,       profiler) without consideration of the
                                                be ensonified to sound levels that                            using estimated marine mammal                 fact that this equipment operates
                                                exceed harassment thresholds. The area                        densities as described above. In this         beyond the best hearing capability of LF
                                                estimated to be ensonified to relevant                        case, estimated marine mammal density cetaceans, so calculated takes of these
                                                thresholds in a single day of the survey                      values varied between the turbine             species are likely to be overestimates
                                                is then calculated, based on areas                            positions, inter-array cable route            due to the fact that we would not
                                                predicted to be ensonified around the                         corridor survey areas, and export cable       necessarily expect LF cetaceans to be
                                                HRG survey equipment and estimated                            route corridors; therefore, the estimated harassed by sound produced by this
                                                trackline distance traveled per day by                        number of each species taken per survey equipment. Additionally, as shown in
                                                the survey vessel. The estimated daily                        day was calculated separately for the         Table 3, the Geo-Source 800 Sparker has
                                                vessel track line distance was                                these survey areas. Estimated numbers         the next largest Level B harassment
                                                determined using the estimated average                        of each species taken per day are then        threshold distance of 20 m, which is
                                                speed of the vessel (4 kn) multiplied by                      multiplied by the number of survey            well within the required distance of 100
                                                24 (to account for the 24 hour                                days to generate an estimate of the total     m for which vessels are required to
                                                operational period of the survey). Using                      number of each species expected to be         avoid large cetaceans. Therefore, take
                                                the maximum distance to the regulatory                        taken over the duration of the survey. In for all low frequency cetaceans have
                                                threshold criteria (Tables 4 and 5) and                       this case, as the estimated number of         been adjusted to zero.

                                                          TABLE 6—NUMBERS OF INCIDENTAL TAKE OF MARINE MAMMALS CALCULATED AND AUTHORIZED FOR LEVEL B
                                                                                                 HARASSMENT
                                                                                             Turbine positions                  Export cable route            Inter-array cable route            Totals

                                                                                             Max.                           Max.                               Max.
                                                             Species                       seasonal      Calculated       seasonal          Calculated       seasonal      Calculated    Adjusted        % of
                                                                                           density a       takes          density a           takes          density a       takes         take        population
                                                                                         (#/100 km 2)                   (#/100 km 2)                       (#/100 km 2)

                                                North Atlantic right whale                     0.003           0.018              0.003           0.070           0.003          0.018         bc0          0.000
                                                Humpback whale .............                   0.018           0.097              0.018           0.387           0.018          0.097         bc0          0.000
                                                Fin whale ..........................           0.107           0.570              0.107           2.279           0.107          0.570         bc0           0.00
                                                Minke whale .....................              0.027           0.144              0.027           0.575           0.027          0.144         bc0           0.39
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                                                Bottlenose dolphin—N
                                                  Coastal Migratory .........                 13.991          74.691             13.991        298.765           13.991         74.691     c d e 350         9.33
                                                Bottlenose dolphin—Off-
                                                  shore .............................         13.991          74.691             13.991        298.765           13.991         74.691     c d e 350         9.33
                                                Atlantic spotted dolphin ....                  0.899           4.800              1.231         26.289            0.899          4.800        d 300          0.67
                                                Common dolphin ..............                  2.501          13.349              2.501         53.397            2.501         13.349        d 400          0.57
                                                Atlantic white-sided dol-
                                                  phin ...............................         0.389           2.076              0.389           8.305           0.389          2.076        d 200          0.41



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                                                                                 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                              39071

                                                          TABLE 6—NUMBERS OF INCIDENTAL TAKE OF MARINE MAMMALS CALCULATED AND AUTHORIZED FOR LEVEL B
                                                                                            HARASSMENT—Continued
                                                                                           Turbine positions                  Export cable route            Inter-array cable route           Totals

                                                                                           Max.                           Max.                               Max.
                                                            Species                      seasonal      Calculated       seasonal          Calculated       seasonal      Calculated    Adjusted         % of
                                                                                         density a       takes          density a           takes          density a       takes         take         population
                                                                                       (#/100 km 2)                   (#/100 km 2)                       (#/100 km 2)

                                                Risso’s dolphin .................            0.007           0.035              0.001            0019           0.007          0.035              0         0.00
                                                Short-finned/long-finned
                                                  pilot whale ....................           0.058           0.310              0.025           0.532           0.058          0.310         f 15           0.27
                                                Harbor porpoise ...............              0.272           1.452              0.230           4.915           0.272          1.452              6         0.01
                                                Harbor seal ......................           0.000           0.000              0.000           0.000           0.000          0.000              5        0.007
                                                Gray seal ..........................         0.000           0.000              0.000           0.000           0.000          0.000              1        0.000
                                                   a Density values from Duke University (Roberts et al., 2016).
                                                   b Mitigation(exclusion zone) will prevent take.
                                                   c Take calculations based on largest Level B harassment isopleth; however, the sound source is 50 kHz beyond the best hearing sensitivity for
                                                LF cetaceans and the Level B harassment isopleth for the next largest source is 20 m, which is well within the required 100-m exclusion zone for
                                                large whales. No take has been authorized for LF cetaceans.
                                                   d Calculated take has been modified to account for increases in actual sighting data to date (Smultea Environmental Sciences 2016; Gardline
                                                2016b) based on similar project activities.
                                                   e Take adjusted to account for possible overlap of the Western North Atlantic southern migratory coastal and offshore stocks.
                                                   f Take adjusted to account for potential overlap of stocks (assume 50 percent of each).




                                                Mitigation                                                  of effective implementation (probability               Visual Monitoring
                                                   In order to issue an IHA under                           implemented as planned), and;                             Visual monitoring of the established
                                                Section 101(a)(5)(D) of the MMPA,                             (2) The practicability of the measures               exclusion and monitoring zones must be
                                                NMFS must set forth the permissible                         for applicant implementation, which                    performed by qualified and NMFS-
                                                methods of taking pursuant to such                          may consider such things as relative                   approved PSOs. It must be the
                                                activity, and other means of effecting                      cost and impact on operations.                         responsibility of the Lead PSO on duty
                                                the least practicable impact on such                        Mitigation Measures                                    to communicate the presence of marine
                                                species or stock and its habitat, paying                                                                           mammals as well as to communicate
                                                particular attention to rookeries, mating                      With NMFS’ input during the                         and enforce the action(s) that are
                                                grounds, and areas of similar                               application process, and as per the                    necessary to ensure mitigation and
                                                significance, and on the availability of                    BOEM Lease, Dominion must                              monitoring requirements are
                                                such species or stock for taking for                        implement the following mitigation                     implemented as appropriate. PSOs must
                                                certain subsistence uses (latter not                        measures during the proposed marine                    be equipped with binoculars and have
                                                applicable for this action). NMFS                           site characterization surveys.                         the ability to estimate distances to
                                                regulations require applicants for                                                                                 marine mammals located in proximity
                                                                                                            Marine Mammal Exclusion and Watch
                                                incidental take authorizations to include                                                                          to the vessel and/or exclusion zone
                                                                                                            Zones
                                                information about the availability and                                                                             using range finders. Reticulated
                                                feasibility (economic and technological)                       Marine mammal exclusion zones (EZ)                  binoculars must also be available to
                                                of equipment, methods, and manner of                        must be established around the HRG                     PSOs for use as appropriate based on
                                                conducting such activity or other means                     survey equipment and monitored by                      conditions and visibility to support the
                                                of effecting the least practicable adverse                  protected species observers (PSO)                      siting and monitoring of marine species.
                                                impact upon the affected species or                         during HRG surveys as follows:                         Digital single-lens reflex camera
                                                stocks and their habitat (50 CFR                               • 50 m (164.0 ft) EZ for harbor                     equipment must be used to record
                                                216.104(a)(11)).                                            porpoises, which is the extent of the                  sightings and verify species
                                                   In evaluating how mitigation may or                                                                             identification. During surveys
                                                                                                            largest calculated distance to the
                                                may not be appropriate to ensure the                                                                               conducted at night, night-vision
                                                                                                            potential for onset of PTS (Level A
                                                least practicable adverse impact on                                                                                equipment and infrared technology
                                                                                                            harassment);
                                                species or stocks and their habitat, as                                                                            must be available for PSO use.
                                                well as subsistence uses where                                 • 100 m (328.1 ft) EZ for ESA-listed
                                                applicable, we carefully consider two                       large whales (i.e., fin whales), which is              Pre-Clearance of the Exclusion Zone
                                                primary factors:                                            the largest calculated distance to the                   For all HRG survey activities,
                                                   (1) The manner in which, and the                         potential for behavioral harassment                    Dominion must implement a 30-minute
                                                degree to which, the successful                             (Level B behavioral harassment), and for               pre-clearance period of the relevant EZs
                                                implementation of the measure(s) is                         species for which authorization has not                prior to the initiation of HRG survey
                                                expected to reduce impacts to marine                        been granted, or for species for which                 equipment. During this period the EZs
                                                mammals, marine mammal species or                           authorization has been granted but the                 must be monitored by PSOs, using the
                                                stocks, and their habitat. This considers                   authorized number of takes have been                   appropriate visual technology for a 30-
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                                                the nature of the potential adverse                         met; and                                               minute period. HRG survey equipment
                                                impact being mitigated (likelihood,                            • 500 m (1,640.4 ft) EZ for North                   must not be initiated if marine
                                                scope, range). It further considers the                     Atlantic right whales. In addition, PSOs               mammals are observed within or
                                                likelihood that the measure will be                         must visually monitor to the extent of                 approaching the relevant EZs during
                                                effective if implemented (probability of                    the Level B zone (100 m (328.1 ft)) for                this pre-clearance period. If a marine
                                                accomplishing the mitigating result if                      all other marine mammal species not                    mammal were observed within or
                                                implemented as planned) the likelihood                      listed above.                                          approaching the relevant EZ during the


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                                                39072                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                pre-clearance period, ramp-up must not                  20 minutes or less, a 30-minute pre-                  cetacean. If sighted, the vessel
                                                begin until the animal(s) has been                      clearance period (as described above)                 underway must reduce speed and shift
                                                observed exiting the EZ or until an                     must precede the re-start of the HRG                  the engine to neutral, and must not
                                                additional time period has elapsed with                 survey equipment. Following a                         engage the engines until the non-
                                                no further sighting of the animal (15                   shutdown, HRG survey equipment shall                  delphinoid cetacean has moved outside
                                                minutes for small delphinoid cetaceans                  be restarted following pre-clearance of               of the vessel’s path and beyond 100 m.
                                                and pinnipeds and 30 minutes for all                    the zones as described above.                         If a survey vessel is stationary, the
                                                other species). This pre-clearance                                                                            vessel must not engage engines until the
                                                                                                        Vessel Strike Avoidance
                                                requirement must include small                                                                                non-delphinoid cetacean has moved out
                                                cetaceans (dolphins and harbor                             Dominion must ensure that vessel                   of the vessel’s path and beyond 100 m;
                                                porpoises) that approach the vessel (e.g.,              operators and crew maintain a vigilant                   • All vessels must maintain a
                                                bow ride). PSOs must also continue to                   watch for cetaceans and pinnipeds by                  separation distance of 100 m or greater
                                                monitor the zone for 30 minutes after                   slowing down or stopping the vessel to                from any sighted non-delphinoid
                                                survey equipment is shut down or                        avoid striking marine mammals. Survey                 cetacean. If sighted, the vessel
                                                survey activity has concluded.                          vessel crew members responsible for                   underway must reduce speed and shift
                                                                                                        navigation duties must receive site-                  the engine to neutral, and must not
                                                Ramp-Up of Survey Equipment                             specific training on marine mammal                    engage the engines until the non-
                                                   Where technically feasible, a ramp-up                sighting/reporting and vessel strike                  delphinoid cetacean has moved outside
                                                procedure must be used for HRG survey                   avoidance measures. Vessel strike                     of the vessel’s path and beyond 100 m.
                                                equipment capable of adjusting energy                   avoidance measures must include, but                  If a survey vessel is stationary, the
                                                levels at the start or re-start of HRG                  are not limited to, the following, except             vessel must not engage the engines until
                                                survey activities. The ramp-up                          under circumstances when complying                    the non-delphinoid cetacean has moved
                                                procedure must be used at the beginning                 with these requirements would put the                 out of the vessel’s path and beyond
                                                of HRG survey activities in order to                    safety of the vessel or crew at risk:                 100 m.
                                                provide additional protection to marine                    • All vessel operators and crew must                  • Any vessel underway must remain
                                                mammals near the survey area by                         maintain vigilant watch for cetaceans                 parallel to a sighted delphinoid
                                                allowing them to vacate the area prior                  and pinnipeds, and slow down or stop                  cetacean’s course whenever possible,
                                                to the commencement of survey                           their vessel to avoid striking these                  and avoid excessive speed or abrupt
                                                equipment use at full energy. A ramp-                   protected species;                                    changes in direction. Any vessel
                                                up must begin with the power of the                        • All vessel operators must comply                 underway must reduce vessel speed to
                                                smallest acoustic equipment at its                      with 10 kn (18.5 km/hr) or less speed                 10 kn (18.5 km/hr) or less when pods
                                                lowest practical power output                           restrictions in any DMA. This applies to              (including mother/calf pairs) or large
                                                appropriate for the survey. When                        all vessels operating at any time of year.            assemblages of delphinoid cetaceans are
                                                technically feasible the power must then                In addition (if applicable, as surveys are            observed. Vessels must not adjust
                                                be gradually turned up and other                        not anticipated to occur during this time             course and speed until the delphinoid
                                                acoustic sources added in way such that                 of year), vessels over 19.8 m (65 ft)                 cetaceans have moved beyond 50 m
                                                the source level would increase                         operating from November 1 through                     and/or the abeam of the underway
                                                gradually.                                              April 30 must operate at speeds of 10 kn              vessel;
                                                                                                        or less;                                                 • All vessels underway must not
                                                Shutdown Procedures
                                                                                                           • All vessel operators must reduce                 divert or alter course in order to
                                                  If a marine mammal is observed                        vessel speed to 10 kn (18.5 km/hr) or                 approach any whale, delphinoid
                                                within or approaching the relevant EZ                   less when any large whale, any mother/                cetacean, or pinniped. Any vessel
                                                (as described above) an immediate                       calf pairs, pods, or large assemblages of             underway must avoid excessive speed
                                                shutdown of the survey equipment is                     non-delphinoid cetaceans are observed                 or abrupt changes in direction to avoid
                                                required. Subsequent restart of the                     near (within 100 m (330 ft)) an                       injury to the sighted cetacean or
                                                survey equipment must only occur after                  underway vessel;                                      pinniped; and
                                                the animal(s) has either been observed                     • All survey vessels must maintain a                  • All vessels must maintain a
                                                exiting the relevant EZ or until an                     separation distance of 500 m (1640 ft) or             separation distance of 50 m (164 ft) or
                                                additional time period has elapsed with                 greater from any sighted North Atlantic               greater from any sighted pinniped.
                                                no further sighting of the animal (15                   right whale;
                                                minutes for harbor porpoises and 30                        • If underway, vessels must steer a                Seasonal Operating Requirements
                                                minutes for all other species).                         course away from any sighted North                      Between watch shifts, members of the
                                                  If the HRG equipment shuts down for                   Atlantic right whale at 10 kn (18.5 km/               monitoring team must consult NMFS’
                                                reasons other than mitigation (i.e.,                    hr) or less until the 500 m (1640 ft)                 North Atlantic right whale reporting
                                                mechanical or electronic failure)                       minimum separation distance has been                  systems for the presence of North
                                                resulting in the cessation of the survey                established. If a North Atlantic right                Atlantic right whales throughout survey
                                                equipment for a period greater than 20                  whale is sighted in a vessel’s path, or               operations. The proposed survey
                                                minutes, a 30 minute pre-clearance                      within 500 m (1640 ft)) to an underway                activities will occur in the vicinity of
                                                period (as described above) must                        vessel, the underway vessel must reduce               the Right Whale Mid-Atlantic SMA
                                                precede the restart of the HRG survey                   speed and shift the engine to neutral.                located at the mouth of the Chesapeake
                                                equipment. If the pause is less than less               Engines must not be engaged until the                 Bay. The proposed survey start date in
                                                than 20 minutes, the equipment shall be                                                                       August, 2018 and would last for up to
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                                                                                                        North Atlantic right whale has moved
                                                restarted as soon as practicable at its full            outside of the vessel’s path and beyond               three months. Therefore, it is possible
                                                operational level only if visual surveys                500 m. If stationary, the vessel must not             that the HRG survey activities would
                                                were continued diligently throughout                    engage engines until the North Atlantic               occur outside of the seasonal mandatory
                                                the silent period and the EZs remained                  right whale has moved beyond 100 m;                   speed restriction period for this SMA
                                                clear of marine mammals during that                        • All vessels must maintain a                      (November 1 through April 30).
                                                entire period. If visual surveys were not               separation distance of 100 m (330 ft) or              Members of the monitoring team must
                                                continued diligently during the pause of                greater from any sighted non-delphinoid               monitor the NMFS North Atlantic right


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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                              39073

                                                whale reporting systems for the                            Monitoring and reporting                           marine mammals located in proximity
                                                establishment of a Dynamic                              requirements prescribed by NMFS                       to the vessel and/or exclusion zone
                                                Management Area (DMA). If NMFS                          should contribute to improved                         using range finders. Reticulated
                                                should establish a DMA in the survey                    understanding of one or more of the                   binoculars must also be available to
                                                area, within 24 hours of the                            following:                                            PSOs for use as appropriate based on
                                                establishment of the DMA Dominion                          • Occurrence of marine mammal                      conditions and visibility to support the
                                                must work with NMFS to shut down                        species or stocks in the area in which                siting and monitoring of marine species.
                                                and/or alter the survey activities as                   take is anticipated (e.g., presence,                  Digital single-lens reflex camera
                                                needed to avoid right whales to the                     abundance, distribution, density);                    equipment must be used to record
                                                extent possible.                                           • Nature, scope, or context of likely              sightings and verify species
                                                   These mitigation measures are                        marine mammal exposure to potential                   identification. During night operations,
                                                designed to avoid the already low                       stressors/impacts (individual or                      night-vision equipment, and infrared
                                                potential for injury in addition to some                cumulative, acute or chronic), through                technology must be used to increase the
                                                Level B harassment, and to minimize                     better understanding of: (1) Action or                ability to detect marine mammals.
                                                the potential for vessel strikes. There are             environment (e.g., source                             Position data must be recorded using
                                                no known marine mammal feeding                          characterization, propagation, ambient                hand-held or vessel global positioning
                                                areas, rookeries, or mating grounds in                  noise); (2) affected species (e.g., life              system (GPS) units for each sighting.
                                                the survey area that would otherwise                    history, dive patterns); (3) co-occurrence            Observations must take place from the
                                                potentially warrant increased mitigation                of marine mammal species with the                     highest available vantage point on the
                                                measures for marine mammals or their                    action; or (4) biological or behavioral               survey vessel. General 360-degree
                                                habitat (or both). The proposed survey                  context of exposure (e.g., age, calving or            scanning must occur during the
                                                would occur in an area that has been                    feeding areas);                                       monitoring periods, and target scanning
                                                identified as a biologically important                     • Individual marine mammal                         by the PSO must occur when alerted of
                                                area for migration for North Atlantic                   responses (behavioral or physiological)               a marine mammal presence.
                                                right whales. However, given the small                  to acoustic stressors (acute, chronic, or                Data on all PSO observations must be
                                                spatial extent of the survey area relative              cumulative), other stressors, or                      recorded based on standard PSO
                                                to the substantially larger spatial extent              cumulative impacts from multiple                      collection requirements. This must
                                                of the right whale migratory area, the                  stressors;                                            include dates and locations of survey
                                                                                                           • How anticipated responses to
                                                survey is not expected to appreciably                                                                         operations; time of observation, location
                                                                                                        stressors impact either: (1) Long-term
                                                reduce migratory habitat nor to                                                                               and weather; details of the sightings
                                                                                                        fitness and survival of individual
                                                negatively impact the migration of                                                                            (e.g., species, age classification (if
                                                                                                        marine mammals; or (2) populations,
                                                North Atlantic right whales, thus                                                                             known), numbers, behavior); and details
                                                                                                        species, or stocks;
                                                additional mitigation to address the                                                                          of any observed ‘‘taking’’ (behavioral
                                                                                                           • Effects on marine mammal habitat
                                                proposed survey’s occurrence in North                                                                         disturbances). The data sheet must be
                                                                                                        (e.g., marine mammal prey species,
                                                Atlantic right whale migratory habitat is                                                                     provided to NMFS for review and
                                                                                                        acoustic habitat, or other important
                                                not warranted. Further, these mitigation                                                                      approval prior to the start of survey
                                                                                                        physical components of marine
                                                measures are practicable for the                                                                              activities. In addition, prior to initiation
                                                                                                        mammal habitat); and
                                                applicant to implement.                                    • Mitigation and monitoring                        of survey work, all crew members must
                                                   Based on our evaluation of the                       effectiveness.                                        undergo environmental training, a
                                                mitigation measures, NMFS has                                                                                 component of which must focus on the
                                                determined that the measures provide                    Monitoring Measures                                   procedures for sighting and protection
                                                the means of effecting the least                          As described above, visual monitoring               of marine mammals. A briefing must
                                                practicable impact on the affected                      of the EZs and monitoring zone must be                also be conducted between the survey
                                                species or stocks and their habitat,                    performed by qualified and NMFS-                      supervisors and crews, the PSOs, and
                                                paying particular attention to rookeries,               approved PSOs. Observer qualifications                Dominion. The purpose of the briefing
                                                mating grounds, and areas of similar                    must include direct field experience on               must be to establish responsibilities of
                                                significance.                                           a marine mammal observation vessel                    each party, define the chains of
                                                                                                        and/or aerial surveys and completion of               command, discuss communication
                                                Monitoring and Reporting                                                                                      procedures, provide an overview of
                                                                                                        a PSO training program, as appropriate.
                                                  In order to issue an IHA for an                       An observer team comprising a                         monitoring purposes, and review
                                                activity, Section 101(a)(5)(D) of the                   minimum of four NMFS-approved PSOs                    operational procedures.
                                                MMPA states that NMFS must set forth,                   operating in shifts, must be employed                 Reporting Measures
                                                requirements pertaining to the                          by Dominion during the proposed
                                                monitoring and reporting of such taking.                surveys. PSOs must work in shifts such                  Dominion must provide the following
                                                The MMPA implementing regulations at                    that no one monitor must work more                    reports as necessary during survey
                                                50 CFR 216.104(a)(13) indicate that                     than 4 consecutive hours without a 2                  activities:
                                                requests for authorizations must include                hour break or longer than 12 hours                      Notification of Injured or Dead
                                                the suggested means of accomplishing                    during any 24-hour period. During                     Marine Mammals—In the unanticipated
                                                the necessary monitoring and reporting                  daylight hours the PSOs must rotate in                event that the specified HRG activities
                                                that will result in increased knowledge                 shifts of one on and three off, while                 lead to an injury of a marine mammal
                                                of the species and of the level of taking                                                                     (Level A harassment) or mortality (e.g.,
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                                                                                                        during nighttime operations PSOs must
                                                or impacts on populations of marine                     work in pairs. During ramp-up                         ship-strike, gear interaction, and/or
                                                mammals that are expected to be                         procedures, two PSOs must be required.                entanglement), Dominion must
                                                present in the proposed action area.                    Each PSO must monitor 360 degrees of                  immediately cease the specified
                                                Effective reporting is critical both to                 the field of vision.                                  activities and report the incident to the
                                                compliance as well as ensuring that the                   Also as described above, PSOs must                  Chief of the Permits and Conservation
                                                most value is obtained from the required                be equipped with binoculars and have                  Division, Office of Protected Resources
                                                monitoring.                                             the ability to estimate distances to                  and the NMFS Greater Atlantic


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                                                39074                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                Stranding Coordinator. The report must                     Within 90 days after completion of                 and vessel strike are not expected to
                                                include the following information:                      survey activities, a final technical report           occur.
                                                   • Time, date, and location (latitude/                must be provided to NMFS that fully                      We expect that most potential takes
                                                longitude) of the incident;                             documents the methods and monitoring                  would be in the form of short-term Level
                                                   • Name and type of vessel involved;                  protocols, summarizes the data recorded               B behavioral harassment in the form of
                                                   • Vessel’s speed during and leading                  during monitoring, estimates the                      temporary avoidance of the area or
                                                up to the incident;                                     number of marine mammals estimated                    decreased foraging (if such activity were
                                                   • Description of the incident;                       to have been taken during survey                      occurring), reactions that are considered
                                                   • Status of all sound source use in the              activities, and provides an                           to be of low severity and with no lasting
                                                24 hours preceding the incident;                        interpretation of the results and                     biological consequences (e.g., Southall
                                                   • Water depth;                                       effectiveness of all mitigation and                   et al., 2007).
                                                   • Environmental conditions (e.g.,                    monitoring. Any recommendations                          Potential impacts to marine mammal
                                                wind speed and direction, Beaufort sea                  made by NMFS must be addressed in                     habitat were discussed in the notice of
                                                state, cloud cover, and visibility);                    the final report prior to acceptance by               proposed IHA (83 FR 26968; June 11,
                                                   • Description of all marine mammal                   NMFS.                                                 2018, see Potential Effects of the
                                                observations in the 24 hours preceding                                                                        Specified Activity on Marine Mammals
                                                                                                        Negligible Impact Analysis and                        and their Habitat). Marine mammal
                                                the incident;                                           Determination                                         habitat may be impacted by elevated
                                                   • Species identification or
                                                                                                           NMFS has defined negligible impact                 sound levels, but these impacts would
                                                description of the animal(s) involved;
                                                                                                        as an impact resulting from the                       be temporary. In addition to being
                                                   • Fate of the animal(s); and
                                                                                                        specified activity that cannot be                     temporary and short in overall duration,
                                                   • Photographs or video footage of the                reasonably expected to, and is not                    the acoustic footprint of the proposed
                                                animal(s) (if equipment is available).                  reasonably likely to, adversely affect the            survey is small relative to the overall
                                                   Activities must not resume until                     species or stock through effects on                   distribution of the animals in the area
                                                NMFS is able to review the                              annual rates of recruitment or survival.              and their use of the area. Feeding
                                                circumstances of the event. NMFS shall                  A negligible impact finding is based on               behavior is not likely to be significantly
                                                work with Dominion to minimize                          the lack of likely adverse effects on                 impacted, as no areas of biological
                                                reoccurrence of such an event in the                    annual rates of recruitment or survival               significance for marine mammal feeding
                                                future. Dominion must not resume                        (i.e., population-level effects). An                  are known to exist in the survey area.
                                                activities until notified by NMFS.                      estimate of the number of takes alone is              Prey species are mobile and are broadly
                                                   In the event that Dominion discovers                 not enough information on which to                    distributed throughout the project area;
                                                an injured or dead marine mammal and                    base an impact determination. In                      therefore, marine mammals that may be
                                                determines that the cause of the injury                 addition to considering estimates of the              temporarily displaced during survey
                                                or death is unknown and the death is                    number of marine mammals that might                   activities are expected to be able to
                                                relatively recent (i.e., in less than a                 be ‘‘taken’’ through harassment, NMFS                 resume foraging once they have moved
                                                moderate state of decomposition),                       considers other factors, such as the                  away from areas with disturbing levels
                                                Dominion must immediately report the                    likely nature of any responses (e.g.,                 of underwater noise. Because of the
                                                incident to the Chief of the Permits and                intensity, duration), the context of any              temporary nature of the disturbance, the
                                                Conservation Division, Office of                        responses (e.g., critical reproductive                availability of similar habitat and
                                                Protected Resources and the NMFS                        time or location, migration), as well as              resources in the surrounding area, and
                                                Greater Atlantic Stranding Coordinator.                 effects on habitat, and the likely                    the lack of important or unique marine
                                                The report must include the same                        effectiveness of the mitigation. We also              mammal feeding habitat, the impacts to
                                                information identified in the paragraph                 assess the number, intensity, and                     marine mammals and the food sources
                                                above. Activities must be able to                       context of estimated takes by evaluating              that they utilize are not expected to
                                                continue while NMFS reviews the                         this information relative to population               cause significant or long-term
                                                circumstances of the incident. NMFS                     status. Consistent with the 1989                      consequences for individual marine
                                                must work with Dominion to determine                    preamble for NMFS’s implementing                      mammals or their populations. In
                                                if modifications in the activities are                  regulations (54 FR 40338; September 29,               addition, there are no rookeries or
                                                appropriate.                                            1989), the impacts from other past and                mating or calving areas known to be
                                                   In the event that Dominion discovers                 ongoing anthropogenic activities are                  biologically important to marine
                                                an injured or dead marine mammal and                    incorporated into this analysis via their             mammals within the proposed project
                                                determines that the injury or death is                  impacts on the environmental baseline                 area.
                                                not associated with or related to the                   (e.g., as reflected in the regulatory status             The proposed survey area is within a
                                                activities authorized in the IHA (e.g.,                 of the species, population size and                   biologically important migratory area for
                                                previously wounded animal, carcass                      growth rate where known, ongoing                      North Atlantic right whales (effective
                                                with moderate to advanced                               sources of human-caused mortality, or                 March–April and November–December)
                                                decomposition, or scavenger damage),                    ambient noise levels).                                that extends from Massachusetts to
                                                Dominion must report the incident to                       To avoid repetition, our analysis                  Florida (LaBrecque, et al., 2015). Off the
                                                the Chief of the Permits and                            applies to all the species listed in Tables           coast of Virginia, this biologically
                                                Conservation Division, Office of                        8 and 9, given that NMFS expects the                  important migratory area extends from
                                                Protected Resources, and the NMFS                       anticipated effects of the proposed                   the coast to the just beyond the shelf
                                                Greater Atlantic Regional Stranding                                                                           break. Due to the fact that that the
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                                                                                                        survey to be similar in nature.
                                                Coordinator, within 24 hours of the                        NMFS does not anticipate that injury,              proposed survey is temporary and short
                                                discovery. Dominion must provide                        serious injury, or mortality would occur              in overall duration, and the fact that the
                                                photographs or video footage (if                        as a result of Dominion’s proposed                    spatial acoustic footprint of the
                                                available) or other documentation of the                survey, even in the absence of                        proposed survey is very small relative to
                                                stranded animal sighting to NMFS.                       mitigation. Thus the authorization does               the spatial extent of the available
                                                Dominion may continue its operations                    not authorize any serious injury or                   migratory habitat in the area, North
                                                under such a case.                                      mortality. Non-auditory physical effects              Atlantic right whale migration is not


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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                  39075

                                                expected to be impacted by the                          will have a negligible impact on all                  not individually or cumulatively have
                                                proposed survey.                                        affected marine mammal species or                     the potential for significant impacts on
                                                  Mitigation measures are expected to                   stocks.                                               the quality of the human environment
                                                reduce the number and/or severity of                                                                          and for which we have not identified
                                                                                                        Small Numbers
                                                takes by (1) giving animals the                                                                               any extraordinary circumstances that
                                                opportunity to move away from the                         As noted above, only small numbers                  would preclude this categorical
                                                sound source before HRG survey                          of incidental take may be authorized                  exclusion. Accordingly, NMFS has
                                                equipment reaches full energy; (2)                      under Section 101(a)(5)(D) of the MMPA                determined that the issuance of the IHA
                                                preventing animals from being exposed                   for specified activities other than                   qualifies to be categorically excluded
                                                to sound levels that may otherwise                      military readiness activities. The MMPA               from further NEPA review. We have
                                                result in injury. Additional vessel strike              does not define small numbers and so,                 reviewed all comments submitted in
                                                avoidance requirements will further                     in practice, where estimated numbers                  response to the proposed IHA notice
                                                mitigate potential impacts to marine                    are available, NMFS compares the                      prior to concluding our NEPA process
                                                mammals during vessel transit to and                    number of individuals taken to the most               and making this final decision on the
                                                within the survey area.                                 appropriate estimation of abundance of                IHA request.
                                                  NMFS concludes that exposures to                      the relevant species or stock in our
                                                marine mammal species and stocks due                    determination of whether an                           Endangered Species Act
                                                to Dominion’s proposed survey would                     authorization is limited to small                       Section 7(a)(2) of the Endangered
                                                result in only short-term (temporary and                numbers of marine mammals.                            Species Act of 1973 (16 U.S.C. 1531 et
                                                short in duration) effects to individuals               Additionally, other qualitative factors               seq.) requires that each Federal agency
                                                exposed. Marine mammals may                             may be considered in the analysis, such               insure that any action it authorizes,
                                                temporarily avoid the immediate area,                   as the temporal or spatial scale of the               funds, or carries out is not likely to
                                                but are not expected to permanently                     activities.                                           jeopardize the continued existence of
                                                abandon the area. Major shifts in habitat                 The numbers of marine mammals that                  any endangered or threatened species or
                                                use, distribution, or foraging success are              we authorized to be taken would be                    result in the destruction or adverse
                                                not expected. NMFS does not anticipate                  considered small relative to the relevant             modification of designated critical
                                                the authorized take estimates to impact                 stocks or populations for all species and             habitat.
                                                annual rates of recruitment or survival.                stocks (less than 10 percent of                         The NMFS Office of Protected
                                                  In summary and as described above,                    bottlenose dolphin stocks, and less than              Resources is proposing mitigation to
                                                the following factors primarily support                 1 percent of each of the other species                avoid the incidental take of the species
                                                our determination that the impacts                      and stocks). See Tables 6 and 7. Based                of marine mammals which are likely to
                                                resulting from this activity are not                    on the analysis contained herein of the               be present and are listed under the ESA:
                                                expected to adversely affect the species                proposed activity (including the                      The North Atlantic right and fin whales.
                                                or stock through effects on annual rates                mitigation and monitoring measures)                   Therefore, consultation under section 7
                                                of recruitment or survival:                             and the anticipated take of marine                    of the ESA is not required.
                                                  • No mortality or serious injury is                   mammals, NMFS finds that small
                                                anticipated or authorized;                              numbers of marine mammals will be                     Authorization
                                                  • No injury is anticipated or                         taken relative to the population size of                NMFS has issued an IHA to Dominion
                                                authorized;                                             the affected species or stocks.                       for conducting UXO surveys offshore
                                                  • The anticipated impacts of the                                                                            Virginia for a period of one year,
                                                proposed activity on marine mammals                     Unmitigable Adverse Impact Analysis
                                                                                                                                                              provided the previously mentioned
                                                would be limited to temporary                           and Determination
                                                                                                                                                              mitigation, monitoring, and reporting
                                                behavioral changes due to avoidance of                    There are no relevant subsistence uses              requirements are incorporated.
                                                the area around the survey vessel;                      of the affected marine mammal stocks or
                                                                                                                                                                Dated: July 31, 2018.
                                                  • Alternate areas of similar habitat                  species implicated by this action.
                                                value for marine mammals to                             Therefore, NMFS has determined that                   Donna S. Wieting,
                                                temporarily vacate the survey area                      the total taking of affected species or               Director, Office of Protected Resources,
                                                during the proposed survey and avoid                    stocks would not have an unmitigable                  National Marine Fisheries Service.
                                                exposure to sounds from the activity are                adverse impact on the availability of                 [FR Doc. 2018–16885 Filed 8–7–18; 8:45 am]
                                                available;                                              such species or stocks for taking for                 BILLING CODE 3510–22–P
                                                  • The proposed project area does not                  subsistence purposes.
                                                contain areas of significance for feeding,
                                                                                                        National Environmental Policy Act                     DEPARTMENT OF COMMERCE
                                                mating or calving;
                                                  • Effects on species that serve as prey                 To comply with the National
                                                species for marine mammals from the                     Environmental Policy Act of 1969                      National Oceanic and Atmospheric
                                                proposed survey are expected to be                      (NEPA; 42 U.S.C. 4321 et seq.) and                    Administration
                                                minimal;                                                NOAA Administrative Order (NAO)
                                                                                                                                                              Proposed Information Collection;
                                                  • Mitigation measures, including                      216–6A, NMFS must review our
                                                                                                                                                              Comment Request; Northeast
                                                visual and acoustic monitoring and                      proposed action (i.e., the issuance of an
                                                                                                                                                              Multispecies Amendment 16
                                                shutdowns, are expected to minimize                     incidental harassment authorization)
                                                potential impacts to marine mammals.                    with respect to potential impacts on the              AGENCY: National Oceanic and
                                                  Based on the analysis contained
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                                                                                                        human environment.                                    Atmospheric Administration (NOAA),
                                                herein of the likely effects of the                       This action is consistent with                      Commerce.
                                                specified activity on marine mammals                    categories of activities identified in                ACTION: Notice.
                                                and their habitat, and taking into                      Categorical Exclusion B4 (incidental
                                                consideration the implementation of the                 harassment authorizations with no                     SUMMARY:    The Department of
                                                monitoring and mitigation measures,                     anticipated serious injury or mortality)              Commerce, as part of its continuing
                                                NMFS finds that the total marine                        of the Companion Manual for NOAA                      effort to reduce paperwork and
                                                mammal take from the proposed activity                  Administrative Order 216–6A, which do                 respondent burden, invites the general


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Document Created: 2018-08-08 02:05:41
Document Modified: 2018-08-08 02:05:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental harassment authorization.
DatesThis Authorization is in effect for one year from the date of issuance.
ContactDale Youngkin, 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.fisheries.noaa.gov/national/marine-mammal-protection/incidental- take-authorizations-other-energy-activities-renewable. In case of problems accessing these documents, please call the contact listed above.
FR Citation83 FR 39062 
RIN Number0648-XG10

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