SUPPLEMENTARY INFORMATION:

The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

The applicant proposes assessing the habitat use and behavior of baleen whales within planned offshore wind construction sites and shipping areas off New Jersey with a focus on humpback ( Megaptera novaeangliae) and endangered fin whales ( Balaenoptera physalus). Up to 85 whales of these species may be taken annually during vessel surveys involving observations, photo-identification or video, and tagging (dart/barb and deep-implant). Minke whales ( Balaenoptera acutorostrata), short-beaked common dolphins ( Delphinus delphis), and endangered North Atlantic right whales ( Eubalaena glacialis) may be unintentionally harassed and opportunistically studied. The permit is requested for 5 years.

In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or Concurrent with the publication of this notice in the Federal Register , NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.