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requirements pertaining to the the use of multiple types of live and harassment authorization (IHA) to mitigation, monitoring, and reporting of inert munitions (bombs and missiles) Northeast Gateway® Energy BridgeTM, such taking are set forth. NMFS has detonated above, at, or slightly below L.P. (Northeast Gateway or NEG) and defined ‘‘negligible impact’’ in 50 CFR the water surface. The ordnance may be Algonquin Gas Transmission, LLC 216.103 as ‘‘an impact resulting from delivered by multiple types of aircraft, (Algonquin) to take small numbers of 14 the specified activity that cannot be including bombers and fighter aircraft. species of marine mammals, by Level B reasonably expected to, and is not The actions include air-to-surface test harassment, incidental to operating, reasonably likely to, adversely affect the missions of the Joint Air-to-Surface maintaining, and repairing a liquefied species or stock through effects on Stand-off Missile/Joint Air-to-Surface natural gas (LNG) port and the annual rates of recruitment or survival.’’ Stand-off Missile-Extended Range Algonquin Pipeline Lateral (Pipeline The NDAA of 2004 (Pub. L. 108–136) (JASSM/JASSM–ER), Small Diameter Lateral) facilities by NEG and removed the ‘‘small numbers’’ and Bomb-I/II (SDB–I/II), High-speed Anti- Algonquin, in Massachusetts Bay. ‘‘specified geographical region’’ Radiation Missile (HARM), Joint Direct DATES: This authorization is effective limitations indicated earlier and Attack Munition/Laser Joint Direct from December 22, 2016 through amended the definition of harassment as Attack Munition (JDAM/LJDAM), and December 21, 2017. it applies to a ‘‘military readiness Miniature Air-Launched Decoy (MALD). FOR FURTHER INFORMATION CONTACT: activity’’ to read as follows (Section Net explosive weight of the live Shane Guan, Office of Protected 3(18)(B) of the MMPA): (i) Any act that munitions ranges from 23 to 300 Resources, NMFS, (301) 427–8401. injures or has the significant potential to pounds. 86 FWS anticipates the ability injure a marine mammal or marine to test approximately 110 munitions per SUPPLEMENTARY INFORMATION: mammal stock in the wild (Level A year. Background Harassment); or (ii) any act that disturbs or is likely to disturb a marine mammal Information Solicited Sections 101(a)(5)(A) and (D) of the or marine mammal stock in the wild by Interested persons may submit MMPA (16 U.S.C. 1361 et seq.) direct causing disruption of natural behavioral information, suggestions, and comments the Secretary of Commerce (Secretary) patterns, including, but not limited to, concerning 86 FWS’s request (see to allow, upon request, the incidental, migration, surfacing, nursing, breeding, ADDRESSES). Comments should be but not intentional taking of marine feeding, or sheltering, to a point where supported by data or literature citations mammals by U.S. citizens who engage such behavioral patterns are abandoned as appropriate. We will consider all in a specified activity (other than or significantly altered (Level B relevant information, suggestions, and commercial fishing) within a specified Harassment). 86 FWS has identified LRS comments related to the request during geographical region if certain findings WSEP missions as military readiness the development of proposed are made and regulations are issued or, activities. regulations governing the incidental if the taking is limited to harassment, a On September 27, 2016, NMFS issued taking of marine mammals by 86 FWS, notice of a proposed authorization is an incidental harassment authorization if appropriate. provided to the public for review. (IHA), similar to this request, for takes An authorization for incidental Dated: December 27, 2016. takings shall be granted if NMFS finds of marine mammals incidental to Long Donna S. Wieting, Range Strike Weapons System that the taking will have a negligible Director, Office of Protected Resources, impact on the species or stock(s), will Evaluation Program (LRS WSEP) National Marine Fisheries Service. activities in the BSURE area of the not have an unmitigable adverse impact [FR Doc. 2016–31947 Filed 1–5–17; 8:45 am] PMRF off Kauai, Hawaii. 86 FWS on the availability of the species or complied with all conditions of the IHA BILLING CODE 3510–22–P stock(s) for subsistence uses (where issued, including submission of final relevant), and if the permissible methods of taking and requirements reports. Based on these reports, NMFS DEPARTMENT OF COMMERCE has determined that impacts to marine pertaining to the mitigation, monitoring mammals were not beyond those National Oceanic and Atmospheric and reporting of such takings are set anticipated. Administration forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘. . . an Summary of Request [0648–XE753] impact resulting from the specified On December 21, 2016, NMFS activity that cannot be reasonably Takes of Marine Mammals Incidental to received an adequate and complete expected to, and is not reasonably likely Specified Activities; Taking Marine application from the 86 FWS requesting to, adversely affect the species or stock Mammals Incidental to Operation, authorization for the take of marine through effects on annual rates of Maintenance, and Repair of the mammals incidental to LRS WSEP recruitment or survival.’’ Northeast Gateway Liquefied Natural activities in the Barking Sands Section 101(a)(5)(D) of the MMPA Gas Port and the Algonquin Pipeline Underwater Range Expansion (BSURE) established an expedited process by Lateral Facilities in Massachusetts Bay area of the Pacific Missile Range Facility which citizens of the U.S. can apply for (PMRF) off Kauai, Hawaii for a period AGENCY: National Marine Fisheries a one-year authorization to incidentally of five years. LRS WSEP activities have Service (NMFS), National Oceanic and take small numbers of marine mammals the potential to result in take of marine Atmospheric Administration (NOAA), by harassment, provided that there is no mammals in the waters of the PMRF. Commerce. potential for serious injury or mortality Therefore, 86 FWS requests ACTION: Notice; issuance of an incidental to result from the activity. Section authorization to take 16 species of harassment authorization. 101(a)(5)(D) establishes a 45-day time marine mammals that may occur in this limit for NMFS review of an application area. SUMMARY: In accordance with the followed by a 30-day public notice and regulations implementing the Marine comment period on any proposed Specified Activities Mammal Protection Act (MMPA) as authorizations for the incidental 86 FWS proposes actions that include amended, notification is hereby given harassment of marine mammals. Within LRS WSEP test missions that involve that we have issued an incidental 45 days of the close of the comment

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period, NMFS must either issue or deny Description of the Specified Activity Comments and Responses the authorization. The NEG and Algonquin activities A notice of NMFS’ proposal to issue Summary of Request include the following: an IHA was published in the Federal NEG Port Operations: The NEG Port Register on November 15, 2016 (81 FR On June 9, 2015, NMFS received an operations involve docking of NEG 80016). During the 30-day public application from Excelerate Energy, L.P. vessels and regasification of NEG for comment period, NMFS received a (Excelerate) and Tetra Tech, Inc. (Tetra delivery to shore. Noises generated comment letter from the Marine Tech), on behalf of NEG and Algonquin, during these activities, especially from Mammal Commission (Commission). for an annual IHA and a subsequent the NEG vessel’s dynamic positioning Specific comments and responses are five-year letter of authorization (LOA) (DP) thrusters during docking, could provided below. pursuant to a rulemaking under section result in takes of marine mammals in Comment 1: The Commission states 101(a)(5)(A), to take 14 species of the port vicinity by level B behavioral that the method used to estimate the marine mammals by Level B harassment harassment. numbers of takes, which sums fractions incidental to operations, maintenance, NEG Port Maintenance and Repair: of takes for each species across days, and repair of the NEG Port and the Regular maintenance and occasional does not account for NMFS’s 24-hour Pipeline Lateral facilities in repair of the NEG Port are expected to reset policy. The Commission states that Massachusetts Bay. They are: North occur throughout the NEG Port instead of summing fractions of takes Atlantic right whale, humpback whale, operation period. Machinery used across days and then rounding to fin whale, sei whale, minke whale, long- during these activities generate noises estimate total takes, NMFS should have finned pilot whale, Atlantic white-sided that could result in takes of marine calculated a daily take estimate dolphin, bottlenose dolphin, short- mammals in the port vicinity by Level B behavioral harassment. (determined by multiplying the beaked common dolphin, killer whale, estimated density of marine mammals Risso’s dolphin, harbor porpoise, harbor Algonquin Pipeline Lateral Routine Operations and Maintenance: The in the area by the daily ensonified area) seal, and gray seal. Since the NEG Port and then rounding that to a whole and Pipeline Lateral operation, Algonquin Pipeline Lateral that is used for gas delivery would be inspected number before multiplying it by the maintenance, and repair activities have number of days that activities would the potential to take marine mammals, regularly to ensure proper operations. The work would be done using support occur. Thus, the Commission a marine mammal take authorization recommends that NMFS (1) follow its under the MMPA is warranted. NMFS vessels operating in dynamic positioning mode. Noises generated policy of a 24-hour reset for issued an IHA to NEG and Algonquin on enumerating the number of each species December 22, 2015 (81 FR 744; January from these activities could result in takes of marine mammals in the vicinity that could be taken, (2) apply standard 7, 2016). The IHA is valid until rounding rules before summing the December 22, 2016. In June 2016 NMFS of Pipeline Lateral by Level B behavioral harassment. numbers of estimated takes across days, learned that NEG and Algonquin are and (3) for species that have the considering decommissioning the NEG Unplanned Pipeline Repair Activities: Unplanned repair activities may be potential to be taken but model- Port in the foreseeable future. Upon estimated or calculated takes round to discussion with Excelerate and Tetra required occasionally at a location along the Pipeline Lateral in west zero, use group size to inform the take Tech, it was agreed that instead of estimates—these methods should be conducting a rulemaking for five years Massachusetts Bay, as shown in Figure 2.1 of the application. The repair would used consistently for all future of incidental take authorization that incidental take authorizations. may not be needed, NMFS would involve the use of a dive vessel operating in dynamic positioning mode. Response: While for certain projects process another one-year IHA to NEG Noise generated from this activity could NMFS has rounded to the whole and Algonquin to cover marine mammal result in takes of marine mammals in number for daily takes, the takes from its operations, maintenance, the vicinity of repair work by Level B circumstance for projects like this one and repair work from December 23, behavioral harassment. when the objective of take estimation is 2016 through December 22, 2017. An IHA was previously issued to NEG to provide more accurate assessments NMFS first issued an IHA to NEG and and Algonquin for this activity on for potential impacts to marine Algonquin to allow for the incidental December 22, 2015 (81 FR 744; January mammals for the entire project, the harassment of small numbers of marine 7, 2016), based on activities described rounding on a daily basis will introduce mammals resulting from the on Excelerate and Tetra Tech’s marine large errors into the process. In addition, construction and operation of the NEG mammal incidental take request while NMFS uses a 24-hour reset for its Port and the Pipeline Lateral (72 FR submitted in June 2014 and on the take calculation to ensure that 27077; May 14, 2007). Subsequently, Federal Register notice for the proposed individual animals are not counted as a NMFS issued five one-year IHAs for the IHA (78 FR 69049; November 18, 2013). take more than once per day, that fact take of marine mammals incidental to The latest application submitted by does not make the calculation of take the operation of the NEG Port activity Excelerate and Tetra Tech on June 9, across the entire activity period pursuant to section 101(a)(5)(D) of the 2015, contains the same information on inherently incorrect. There is no need MMPA (73 FR 29485; May 21, 2008, 74 project descriptions as described in the for daily (24-hour) rounding in this case FR 45613; September 3, 2009, 75 FR June 2014 IHA application. There is no because there is no daily limit of takes, 53672; September 1, 2010, and 76 FR change on the NEG and Algonquin’s so long as total authorized takes of 62778; October 11, 2011). After that, proposed NEG Port and Pipeline Lateral marine mammal are not exceeded. In NMFS issued two one-year IHAs to NEG operations and maintenance and repair. short, the calculation of predicted take and Algonquin to take marine mammals Please refer to these documents for a is not an exact science and there are incidental to the operations of the NEG detailed description of NEG and arguments for taking different Port as well as maintenance and repair Algonquin’s proposed NEG Port and mathematical approaches in different (79 FR 78806; December 31, 2014, 81 FR Pipeline Lateral operations and situations, and for making qualitative 744; January 7, 2016). maintenance and repair activities. adjustments in other situations. We

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believe, however, that the prediction for humpback whales is 823 animals North Atlantic Right Whale this action remains appropriate. (Waring et al., 2016). North Atlantic right whales are Description of Marine Mammals in the Fin Whale generally distributed widely across the southern Gulf of Maine in spring with Area of the Specified Activities Spatial patterns of habitat utilization highest abundance located over the Marine mammal species that by fin whales are very similar to those deeper waters (100- to 160-m (328- to potentially occur in the vicinity of the of humpback whales. Spring and 525-ft) isobaths) on the northern edge of Northeast Gateway facility include the summer high-use areas follow the 100- the Great South Channel and deep North Atlantic right whale, humpback m (328 ft) isobath along the northern waters (100–300 m, 328–984 ft) parallel whale, fin whale, sei whale, minke edge of Georges Bank (between the 50- to the 100-m (328-ft) isobath of northern whale, long-finned pilot whale, Atlantic and 200-m (164- and 656-ft) isobaths), white-sided dolphin, bottlenose and northward from the Great South Georges Bank and Georges Basin. High dolphin, common dolphin, killer whale, Channel (between the 50- and 160-m, or abundance is also found in the Risso’s dolphin, harbor porpoise, harbor 164- and 525-ft, isobaths). Waters shallowest waters (<30 m, or <98 ft) of seal, and gray seal. General information around Cashes Ledge, Platts Bank, and Cape Cod Bay, over Platts Bank and on the distribution of these marine Jeffreys Ledge are all high-use areas in around Cashes Ledge. Lower relative mammal species can be found in NMFS the summer months. Stellwagen Bank is abundance is estimated over deep-water Stock Assessment Reports (Waring et a high-use area for fin whales in all basins including Wilkinson Basin, al., 2016). This latter document is seasons, with highest abundance Rodgers Basin and Franklin Basin. In available at: http://www.nmfs.noaa.gov/ occurring over the southern Stellwagen the summer months, right whales move pr/sars/pdf/atlantic2015_final.pdf. Bank in the summer months. In fact, the almost entirely away from the coast to Additional information regarding these southern portion of the Stellwagen Bank deep waters over basins in the central species within the NEG’s action area is National Marine Sanctuary (SBNMS) is Gulf of Maine (Wilkinson Basin, Cashes provided below, with a summary in used more frequently than the northern Basin between the 160- and 200-m (525- Table 1. portion in all months except winter, and 656-ft) isobaths) and north of when high abundance is recorded over Georges Bank (Rogers, Crowell and Humpback Whale the northern tip of Stellwagen Bank. In Georges Basins). Highest abundance is The highest abundance for humpback addition to Stellwagen Bank, high found north of the 100-m (328-ft) whales is distributed primarily along a abundance in winter is estimated for isobath at the Great South Channel and relatively narrow corridor following the Jeffreys Ledge and the adjacent Porpoise over the deep slope waters and basins 100-meter (m) (328-feet (ft)) isobath Basin (100- to 160-m, 328- to 656-ft, along the northern edge of Georges across the southern Gulf of Maine from isobaths), as well as Georges Basin and Bank. The waters between Fippennies the northwestern slope of Georges Bank, northern Georges Bank. The best Ledge and Cashes Ledge are also south to the Great South Channel, and estimate of abundance for the western estimated as high-use areas. In the fall northward alongside Cape Cod to North Atlantic stock of fin whales is months, right whales are sighted Stellwagen Bank and Jeffreys Ledge. The 1,618 (Waring et al., 2016). Currently, infrequently in the Gulf of Maine, with relative abundance of whales increases there are insufficient data to determine highest densities over Jeffreys Ledge and in the spring with the highest population trends for this species. over deeper waters near Cashes Ledge occurrence along the slope waters and Wilkinson Basin. In winter, Cape (between the 40- and 140-m, or 131- and Minke Whale Cod Bay, Scantum Basin, Jeffreys Ledge, 459-ft, isobaths) off Cape Cod and Davis Like other piscivorous baleen whales, and Cashes Ledge were the main high- Bank, Stellwagen Basin and Tillies highest abundance for minke whale is use areas. Although SBNMS does not Basin and between the 50- and 200-m strongly associated with regions appear to support the highest (164- and 656-ft) isobaths along the between the 50- and 100-m (164- and abundance of right whales, sightings inner slope of Georges Bank. High 328-ft) isobaths, but with a slightly within SBNMS are reported for all four abundance is also estimated for the stronger preference for the shallower seasons, albeit at low relative waters around Platts Bank. In the waters along the slopes of Davis Bank, abundance. Highest sighting within summer months, abundance increases Phelps Bank, Great South Channel and SBNMS occurred along the southern markedly over the shallow waters (<50 Georges Shoals on Georges Bank. Minke edge of the Bank. m, or <164 ft) of Stellwagen Bank, the whales are sighted in the SBNMS in all The western North Atlantic minimum waters (100–200 m or 328–656 ft) seasons, with highest abundance stock size is based on a census of between Platts Bank and Jeffreys Ledge, estimated for the shallow waters individual whales identified using the steep slopes (between the 30- and (approximately 40 m, or 131 ft) over photo-identification techniques. A 160-m isobaths) of Phelps and Davis southern Stellwagen Bank in the review of the photo-ID recapture Bank north of the Great South Channel summer and fall months. Platts Bank, database as it existed on 20 October towards Cape Cod, and between the 50- Cashes Ledge, Jeffreys Ledge, and the 2014 indicated that 476 individually and 100-m (164- and 328-ft) isobath for adjacent basins (Neddick, Porpoise and recognized whales in the catalog were almost the entire length of the steeply Scantium) also support high relative known to be alive during 2011. This sloping northern edge of Georges Bank. abundance. Very low densities of minke number represents a minimum This general distribution pattern whales remain throughout most of the population size. This is a direct count persists in all seasons except winter, southern Gulf of Maine in winter. The and has no associated coefficient of when humpbacks remain at high best estimate of abundance for the variation (Waring et al., 2016). abundance in only a few locations Canadian East Coast stock, which occurs Examination of the minimum number including Porpoise and Neddick Basins from the western half of the Davis Strait alive population index calculated from adjacent to Jeffreys Ledge, northern to the Gulf of Mexico, of minke whales the individual sightings database, as it Stellwagen Bank and Tillies Basin, and is 20,741 animals (Waring et al., 2016). existed on 20 October 2014, for the the Great South Channel. The best Currently, there are insufficient data to years 1990–2011 suggests a positive and estimate of abundance for Gulf of determine population trends for this slowly accelerating trend in population Maine, formerly western North Atlantic, species. size. These data reveal a significant

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increase in the number of catalogued of sightings of white-sided dolphin are conducted for this species (Waring et whales with a geometric mean growth recorded within SBNMS in all seasons, al., 2016). There are several stocks of rate for the period of 2.8 percent with highest density in summer and bottlenose dolphins found along the (Waring et al., 2016). most widespread distributions in spring eastern United States from Maine to located mainly over the southern end of Florida. The stock that may occur in the Long-Finned Pilot Whale Stellwagen Bank. In winter, high area of the Neptune Port is the western The long-finned pilot whale is more numbers of sightings are recorded at the North Atlantic coastal northern generally found along the edge of the northern tip of Stellwagen Bank and migratory stock of bottlenose dolphins. continental shelf (a depth of 330 to Tillies Basin. The best estimate of abundance for this 3,300 ft or 100 to 1,000 m), choosing A comparison of spatial distribution stock is 11,548 animals (Waring et al., areas of high relief or submerged banks patterns for all baleen whales 2016). There are insufficient data to in cold or temperate shoreline waters. (Mysticeti) and all porpoises and determine the population trend for this This species is split between two dolphins combined show that both stock. The best estimate of abundance subspecies: The Northern and Southern groups have very similar spatial patterns for the western North Atlantic stock of subspecies. The Southern subspecies is of high- and low-use areas. The baleen Risso’s dolphins is 18,250 animals circumpolar with northern limits of whales, whether piscivorous or (Waring et al., 2016). There are Brazil and South Africa. The Northern planktivorous, are more concentrated insufficient data to determine the subspecies, which could be encountered than the dolphins and porpoises. They population trend for this stock. The best during operation of the NEG Port, ranges utilize a corridor that extended broadly estimate of abundance for the Gulf of from North Carolina to Greenland along the most linear and steeply Maine/Bay of Fundy stock of harbor (Reeves et al., 2002; Wilson and Ruff sloping edges in the southern Gulf of porpoise is 79,833 animals (Waring et 1999). In the western North Atlantic, Maine indicated broadly by the 100-m al., 2016). A trend analysis has not been long-finned pilot whales are pelagic, (328-ft) isobath. Stellwagen Bank and conducted for this species. occurring in especially high densities in Jeffreys Ledge support a high abundance winter and spring over the continental of baleen whales throughout the year. Harbor Seal and Gray Seal slope, then moving inshore and onto the Species richness maps indicate that In the U.S. waters of the western shelf in summer and autumn following high-use areas for individual whales North Atlantic, both harbor and gray squid and mackerel populations (Reeves and dolphin species co-occur, resulting seals are usually found from the coast of et al., 2002). They frequently travel into in similar patterns of species richness Maine south to southern New England the central and northern Georges Bank, primarily along the southern portion of and New York (Waring et al., 2010). Great South Channel, and Gulf of Maine the 100-m (328-ft) isobath extending Along the southern New England and areas during the summer and early fall northeast and northwest from the Great New York coasts, harbor seals occur (May and October) (NOAA 1993). South Channel. The southern edge of seasonally from September through late According to the species stock report, Stellwagen Bank and the waters around May (Schneider and Payne 1983). In the population estimate for the Western the northern tip of Cape Cod are also recent years, their seasonal interval North Atlantic long-finned pilot whale highlighted as supporting high cetacean along the southern New England to New is 5,636 individuals (Waring et al., species richness. Intermediate to high Jersey coasts has increased (deHart 2010). Currently, there are insufficient numbers of species are also calculated 2002). In U.S. waters, harbor seal data to determine population trends for for the waters surrounding Jeffreys breeding and pupping normally occur in the long-finned pilot whale. Ledge, the entire Stellwagen Bank, waters north of the New Hampshire/ Maine border, although breeding has Atlantic White-Sided Dolphin Platts Bank, Fippennies Ledge and Cashes Ledge. The best estimate of occurred as far south as Cape Cod in the In spring, summer and fall, Atlantic abundance for the western North early part of the 20th century (Temte et white-sided dolphins are widespread Atlantic stock of white-sided dolphins al., 1991; Katona et al., 1993). The best throughout the southern Gulf of Maine, is 48,819 (Waring et al., 2016). A trend estimate of abundance for the western with the high-use areas widely located analysis has not been conducted for this North Atlantic stock of harbor seals is either side of the 100-m (328-ft) isobath species. 75,834 animals (Waring et al., 2016). along the northern edge of Georges Although gray seals are often seen off Bank, and north from the Great South Killer Whale, Common Dolphin, the coast from New England to Channel to Stellwagen Bank, Jeffreys Bottlenose Dolphin, Risso’s Dolphin, Labrador, within the U.S. waters, only Ledge, Platts Bank and Cashes Ledge. In and Harbor Porpoise small numbers of gray seals have been spring, high-use areas exist in the Great Although these five species are some observed pupping on several isolated South Channel, northern Georges Bank, of the most widely distributed small islands along the Maine coast and in the steeply sloping edge of Davis Bank cetacean species in the world (Jefferson Nantucket-Vineyard Sound, and Cape Cod, southern Stellwagen et al., 1993), they are not commonly Massachusetts (Katona et al., 1993; Bank and the waters between Jeffreys seen in the vicinity of the project area Rough, 1995). In the late 1990s, a year- Ledge and Platts Bank. In summer, there in Massachusetts Bay (Wiley et al., round breeding population of is a shift and expansion of habitat 1994; Northeast Gateway Marine approximately 400 gray seals was toward the east and northeast. High-use Mammal Monitoring Weekly Reports documented on outer Cape Cod and areas are identified along most of the 2007). The total number of killer whales Muskeget Island (Warring et al., 2007). northern edge of Georges Bank between off the eastern U.S. coast is unknown, Depending on the model used, the the 50- and 200-m (164- and 656-ft) and present data are insufficient to minimum estimate for the Canadian isobaths and northward from the Great calculate a minimum population gray seal population was estimated to South Channel along the slopes of Davis estimate or to determine the population range between 125,541 and 169,064 Bank and Cape Cod. High numbers of trends for this stock (Blaylock et al., animals (Trzcinski et al., 2005, cited in sightings are also recorded over Truxton 1995). The best estimate of abundance Waring et al., 2009); however, present Swell, Wilkinson Basin, Cashes Ledge for the western North Atlantic stock of data are insufficient to calculate the and the bathymetrically complex area common dolphins is 173,486 animals, minimum population estimate for U.S. northeast of Platts Bank. High numbers and a trend analysis has not been waters. Waring et al. (2016) note that

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gray seal abundance in the U.S. Atlantic is likely increasing, but the rate of increase is unknown.

TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY

Species ESA status MMPA status Abundance Range Occurrence

North Atlantic right whale ...... Endangered ...... Depleted ...... 476 ...... N. Atlantic ...... Occasional. Humpback whale ...... Endangered ...... Depleted ...... 823 ...... N. Atlantic ...... Occasional. Fin whale ...... Endangered ...... Depleted ...... 1618 ...... N. Atlantic ...... Occasional. Sei whale ...... Endangered ...... Depleted ...... 357 ...... N. Atlantic ...... Occasional. Minke whale ...... Not listed ...... Non-depleted .... 20741 ...... N. Atlantic ...... Occasional. Long-finned pilot whale ...... Not listed ...... Non-depleted .... 5636 ...... N. Atlantic ...... Occasional. Atlantic white-sided dolphin ...... Not listed ...... Non-depleted .... 48819 ...... N. Atlantic ...... Occasional. Bottlenose dolphin ...... Not listed ...... Non-depleted .... 11548 ...... N. Atlantic ...... Uncommon. Common dolphin ...... Not listed ...... Non-depleted .... 173486 ...... N. Atlantic ...... Uncommon. Killer whale ...... Not listed ...... Non-depleted .... Unknown ...... N. Atlantic ...... Uncommon. Risso’s dolphin ...... Not listed ...... Non-depleted .... 18250 ...... N. Atlantic ...... Uncommon. Harbor porpoise ...... Not listed ...... Non-depleted .... 79833 ...... N. Atlantic ...... Uncommon. Harbor Seal ...... Not listed ...... Non-depleted .... 75834 ...... N. Atlantic ...... Occasional. Gray seal ...... Not listed ...... Non-depleted .... Unknown ...... N. Atlantic ...... Occasional.

Potential Effects of the Specified understand that different kinds of frequency cetacean species (long-finned Activity on Marine Mammals marine life are sensitive to different pilot whale, Atlantic white-sided frequencies of sound. Based on available dolphin, bottlenose dolphin, common This section includes a summary and behavioral data, audiograms have been dolphin, Risso’s dolphin, and killer discussion of the ways that the types of derived using auditory evoked whale), one high-frequency cetacean stressors associated with the specified potentials, anatomical modeling, and species (harbor porpoise), and two activity (e.g., pile removal and pile other data. NMFS (2016) designate pinniped species (harbor seal and gray driving) have been observed to impact ‘‘marine mammal hearing groups’’ for seal) (Table 1). marine mammals. This discussion may marine mammals and estimate the lower The NEG Port operations and also include reactions that we consider and upper frequencies of functional maintenance and repair activities could to rise to the level of a take and those hearing of the groups. The marine adversely affect marine mammal species that we do not consider to rise to the mammal hearing groups and the and stocks by exposing them to elevated level of a take (for example, with associated frequencies are indicated noise levels in the vicinity of the acoustics, we may include a discussion below (though animals are less sensitive activity area. of studies that showed animals not to sounds at the outer edge of their Marine mammals exposed to high reacting at all to sound or exhibiting range and most sensitive to sounds of intensity sound repeatedly or for barely measurable avoidance). This frequencies within a smaller range prolonged periods can experience section is intended as a background of somewhere in the middle of their hearing threshold shift (TS), which is potential effects and does not consider hearing range): the loss of hearing sensitivity at certain either the specific manner in which this frequency ranges (Kastak et al., 1999; • Low frequency cetaceans (13 species of activity will be carried out or the Schlundt et al., 2000; Finneran et al., mitigation that will be implemented and mysticetes): Functional hearing is estimated to occur between approximately 7 Hertz (Hz) 2002; 2005). TS can be permanent how either of those will shape the and 35 kilo Hertz (kHz); (PTS), in which case the loss of hearing anticipated impacts from this specific • Mid-frequency cetaceans (32 species of sensitivity is unrecoverable, or activity. The ‘‘Estimated Take by dolphins, six species of larger toothed temporary (TTS), in which case the Incidental Harassment’’ section later in whales, and 19 species of beaked and animal’s hearing threshold will recover this document will include a bottlenose whales): Functional hearing is over time (Southall et al., 2007). Since quantitative analysis of the number of estimated to occur between approximately marine mammals depend on acoustic individuals that are expected to be taken 150 Hz and 160 kHz; cues for vital biological functions, such • High frequency cetaceans (eight species by this activity. The ‘‘Negligible Impact as orientation, communication, finding Analysis’’ section will include the of true porpoises, six species of river dolphins, Kogia, the franciscana, and four prey, and avoiding predators, marine analysis of how this specific activity species of cephalorhynchids): Functional mammals that suffer from PTS or TTS will impact marine mammals and will hearing is estimated to occur between will have reduced fitness in survival consider the content of this section, the approximately 275 Hz and 160 kHz; and reproduction, either permanently or ‘‘Estimated Take by Incidental • Phocid pinnipeds (true seals): Functional temporarily. Repeated noise exposure Harassment’’ section, the ‘‘Mitigation’’ hearing is estimated between 50 Hz to 86 that leads to TTS could cause PTS. section, and the ‘‘Anticipated Effects on kHz; and • In addition, chronic exposure to Marine Mammal Habitat’’ section to Otariid pinnipeds (sea lions and fur excessive, though not high-intensity, draw conclusions regarding the likely seals): Functional hearing is estimated between 60 Hz to 39 kHz. noise could cause masking at particular impacts of this activity on the frequencies for marine mammals that reproductive success or survivorship of Species found in the vicinity of the utilize sound for vital biological individuals and from that on the NEG Port and Pipeline Lateral functions (Clark et al., 2009). Acoustic affected marine mammal populations or operations and maintenance and repair masking can interfere with detection of stocks. area include five low-frequency acoustic signals such as communication When considering the influence of cetacean species (North Atlantic right calls, echolocation sounds, and various kinds of sound on the marine whale, humpback whale, fin whale, sei environmental sounds important to environment, it is necessary to whale, and minke whale), six mid- marine mammals. Therefore, under

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certain circumstances, marine mammals disturbances appear minor. However, of the NEG Port area that will be directly whose acoustical sensors or the consequences of behavioral affected by Port operations, NMFS does environment are being severely masked modification are expected to be not anticipate that habitat loss will be could also be impaired from maximizing biologically significant if the change significant. their performance fitness in survival affects growth, survival, and/or EBRVs are currently authorized to and reproduction. reproduction. withdraw an average of 4.97 million Masking occurs at the frequency band The onset of behavioral disturbance gallons per day (mgd) and 2.6 billion which the animals utilize. Therefore, from anthropogenic noise depends on gallons per year of sea water for general since noise generated from in-water both external factors (characteristics of ship operations during cargo delivery vibratory pile driving and removal is noise sources and their paths) and the activities at the NEG Port. However, as mostly concentrated at low frequency receiving animals (hearing, motivation, we explained in the Federal Register ranges, it may have less effect on high experience, demography) and is also notice for the 2015 IHA (78 FR 69049; frequency echolocation sounds by difficult to predict (Southall et al., November 18, 2013), during the odontocetes (toothed whales). However, 2007). Currently NMFS uses 160 dB re operations of the NEG Port facility, it lower frequency man-made noises are 1 microPascal (root-mean-square) (mPa was revealed that significantly more more likely to affect detection of (rms)) at received level for impulse water usage is needed than what was communication calls and other noises (such as impact pile driving) as originally evaluated in the final USCG potentially important natural sounds the onset of marine mammal behavioral Environmental Impact Statement/ such as surf and prey noise. It may also harassment, and 120=dB re 1 mPa (rms) Environmental Impact Report (EIS/EIR). affect communication signals when they for non-impulse noises (such as The updates for the needed water intake occur near the noise band and thus operating DP thrusters, dredging, pipe and discharge temperature are: reduce the communication space of laying, and NEG regasification). No • 11 billion gallons of total annual animals (e.g., Clark et al., 2009) and impulse noise is expected from the NEG water use at the Port; cause increased stress levels (e.g., Foote and Algonquin’s NEG Port and Pipeline • Maximum daily intake volume of et al., 2004; Holt et al., 2009). Lateral operation, maintenance, and up to 56 mgd at a rate of 0.45 ft per Unlike TS, masking can potentially repair activities. For the NEG Port and second when an EBRV is not able to affect the species at population, Pipeline Lateral operations and achieve the heat recovery system (HRS) community, or even ecosystem levels, as maintenance and repair activities, only it is the capability of reducing water use well as individual levels. Masking the 120=dB re 1 mPa (rms) threshold is during the regasification process) mode affects both senders and receivers of the considered because only non-impulse of operation; and signals and could have long-term noise sources would be generated. • Maximum daily change in chronic effects on marine mammal discharge temperature of 12ßC (53.6ßF) species and populations. Recent science Potential Effects on Marine Mammal from ambient from the vessel’s main suggests that low frequency ambient Habitat condenser cooling system. sound levels have increased by as much The action area is considered Under the requested water-use as 20 decibel (dB) (more than 3 times in biologically important habitat for the scenario, Tetra Tech (2011) conducted terms of sound pressure level (SPL)) in North Atlantic right, fin, humpback, and an environmental analysis on the the world’s ocean from pre-industrial minke whales during part of the potential impacts to marine mammals periods, and most of these increases are seasons, and it is adjacent to the and their prey. To evaluate impacts to from distant shipping (Hildebrand SBNMS. There is no critical habitat in phytoplankton under the increased 2009). All anthropogenic noise sources, the vicinity of the action area. water usage, the biomass of phytoplankton lost from the such as those from vessel traffic, vessel NEG Port Operations docking, and stationing while operating Massachusetts Bay ecosystem was DP thrusters, dredging and pipe laying Operation of the NEG Port will not estimated based on the method associated with NEG Port and Pipeline result in short-term effects, however, presented in the final EIS/EIR. Lateral maintenance and repair, and long-term effects on the marine Phytoplankton densities of 65,000 to NEG regasification activities, contribute environment, including alteration of the 390,000 cells/gallon were multiplied by to the elevated ambient noise levels, seafloor conditions, continued the annual planned activities of thus increasing potential for or severity disturbance of the seafloor, regular withdrawal rate of 11 billion gallons to of masking. withdrawal of sea water, and regular estimate a loss of 7.15 × 1014 to 4.29 × Finally, exposure of marine mammals generation of underwater noise, will 1015 cells per year. Assuming a dry- to certain sounds could lead to result from NEG Port operations. weight biomass of 10¥10 to 10¥11 behavioral disturbance (Richardson et Specifically, a small area (0.14 acre) gramper cell (g/cell), an estimated 7.2 al., 1995), such as: Changing durations along the Pipeline Lateral has been kilograms (kg) to 429 kg of biomass of surfacing and dives, number of blows permanently altered (armored) at two would be lost from Massachusetts Bay per surfacing, or moving direction and/ cable crossings. In addition, the under the activity, up to approximately or speed; reduced/increased vocal structures associated with the NEG Port 4.2 times that estimated in the final EIS/ activities; changing/cessation of certain (flowlines, mooring wire rope and EIR for the permitted operational behavioral activities (such as socializing chain, suction anchors, and pipeline scenario. An order of magnitude or feeding); visible startle response or end manifolds) occupy 4.8 acres of estimate of the effect of this annual aggressive behavior (such as tail/fluke seafloor. An additional area of the biomass loss on the regional food web slapping or jaw clapping); avoidance of seafloor of up to 43 acres (worst case can be calculated assuming a 10 percent areas where noise sources are located; scenario based on severe 100-year storm transfer of biomass from one trophic and/or flight responses (e.g., pinnipeds with Energy Bridge Regasification level to the next (Sumich 1988) flushing into water from haulouts or Vehicle (EBRV) occupying both following the method used in the final rookeries). submerged turret loading (STL) buoys EIS/EIR. This suggests that the loss of The biological significance of many of will be subject to disturbance due to 7.2 kg to 429 kg of phytoplankton will these behavioral disturbances is difficult chain sweep while the buoys are result in the loss of about 0.7 kg to 42.9 to predict, especially if the detected occupied. Given the relatively small size kg of zooplankton, less than 0.1 kg to 4.3

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kg of small planktivorous fish, and up species eggs (18.7 million). Together, inspections using either divers or to 0.4 kg of large piscivorous fish these species and life stages accounted remote operated vehicles (ROVs). The (approximately equivalent to a single 1- for approximately 46 percent of the total duration of these inspections are not pound striped bass). Relative to the entrainment estimated. Entrainment was anticipated to be more than two 8-hour biomass of these trophic levels in the estimated to be highest in June through working days. An EBRV will not be project area, this biomass loss is minor July when 97.4 million eggs and larvae required to support these annual and consistent with the findings in the (approximately 57 percent of the annual inspections. Water usage during the final EIS/EIR. total) were estimated to be entrained. NEG Port maintenance would be limited In addition, zooplankton losses will However, the demand for natural gas to the standard requirements of NEG’s also increase proportionally to the and corresponding NEG Port activities normal support vessel. As with all increase in water withdrawn. The final will likely be greatest during the winter vessels operating in Massachusetts Bay, EIS/EIR used densities of zooplankton heating season (November through sea water uptake and discharge is determined by the sampling conducted March) when impacts from entrainment required to support engine cooling, by the Massachusetts Water Resource will likely be lower. typically using a once-through system. Authority (MWRA) to characterize the These estimated losses are not The rate of seawater uptake varies with area around its offshore outfall and significant given the very high natural the ship’s horsepower and activity and assumed a mean zooplankton density of mortality of ichthyoplankton. This 34.9 × 103 organisms per m3. Applying comparison was done in the final EIS/ therefore will differ between vessels and this density, the water withdrawal EIR where ichthyoplankton losses based activity type. For example, the Gateway volume under the activity would result on historic regional ichthyoplankton Endeavor is a 90-foot vessel powered in the entrainment of 2.2 × 1010 densities and a withdrawal rate of with a 1,200-horsepower diesel engine zooplankton individuals per trip or 1.5 approximately 2.6 billion gallons per with a four-pump seawater cooling × 1012 individuals per year. Assuming year were represented by the equivalent system. This system requires seawater an average biomass of 0.63 × 10¥6 g per number of age-one fish. Under the final intake of about 68 gallons per minute individual, this would result in the loss EIS/EIR withdrawal scenario, equivalent (gpm) while idling and up to about 150 of 14.1 kg of zooplankton per shipment age-one losses due to entrainment gpm at full power. Use of full power is or 916.5 kg of zooplankton per year. As ranged from 1 haddock to 43,431 sand required generally for transit. A discussed for phytoplankton, biomass lance (Tetra Tech 2010). Equivalent age- conservatively high estimate of vessel transfers from one trophic level to the one losses under the conditions when activity for the Gateway Endeavor next at a rate of about 10 percent. no NEG Port operation occurrence were would be operation at idle for 75 Therefore, this entrainment of recalculated using Northeast Gateway percent of the time and full power for zooplankton would result in loss of monitoring data in order to facilitate 25 percent of the time. During the about 91.6 kg of planktivorous fish and comparisons between the permitted routine activities this would equate to 9.2 kg of large piscivorous fish scenario and the updated scenario. approximately 42,480 gallons of (approximately equivalent to two 9- Using Northeast Gateway monitoring seawater per 8-hour work day. When pound striped bass). These losses are data, withdrawal of 2.6 billion gallons compared to the engine cooling minor relative to the total biomass of per year would result in equivalent age- requirements of an EBRV over an 8-hour these trophic levels in Massachusetts one losses ranging from less than 1 period (approximately 18 million Bay. haddock to 5,602 American sand lance. gallons), the Gateway Endeavour uses Finally, ichthyoplankton (fish eggs By comparison, equivalent age one about 0.2 percent of the EBRV and larvae) losses and equivalent age losses under the activity withdrawal requirement. To put this water use into one juvenile fish estimates under the rate of 11 billion gallons per year ranged context, potential effects from the water- activity were made based on actual from less than 1 haddock to 23,701 sand use scenario of 56 mgd have been monthly ichthyoplankton data collected lance and were generally similar to or concluded to be orders of magnitude in the port area from October 2005 less than those in the final EIS/EIR. less than the natural fluctuations of through December 2009 and the activity Substantially more equivalent age-one Massachusetts Bay and Cape Cod Bay withdrawal volume of 11 billion gallons Atlantic herring, pollock, and butterfish and not detectable. Water use by per year evenly distributed among were estimated to be lost under the final support vessels during routine port months (0.92 billion gallons per month) EIS/EIR at a withdrawal rate of 2.6 activities would not materially add to as a worst-case scenario, representing billion gallons per year, while the overall impacts. the maximum number of NEG Port substantially more equivalent age-one Certain maintenance and repair deliveries during any given month. Atlantic cod, silver hake and hake activities may also require the presence Similarly, the lower, upper, and mean species, cunner, and Atlantic mackerel annual entrainment estimates are based are estimated to be lost under the of an EBRV at the NEG Port. Such on the lower and upper 95 percent activity. instances may include maintenance and confidence limits, of the monthly mean Although no reliable annual food repair on the STL Buoy, vessel ichthyoplankton densities, and the consumption rates of baleen whales are commissioning, and any onboard monthly mean estimates multiplied by available for comparison, based on the equipment malfunction or failure the monthly withdrawal rate of 0.92 calculated quantities of phytoplankton, occurring while a vessel is present for billion gallons per month. At this zooplankton, and ichthyoplankton cargo delivery. Because the requested withdrawal rate approximately 106 removal analyzed above, it is reasonable water-use scenario allows for daily million eggs and 67 million larvae are to conclude that baleen whale predation water use of up to 56 mgd to support estimated to be lost (see Table 4.2–2 of rates would dwarf any reasonable standard EBRV requirements when not the IHA application). The most estimates of prey removals by NEG Port operating in the HRS mode, vessels abundant species and life stages operations. would be able to remain at the NEG Port estimated to be entrained under the as necessary to support all such activity are cunner post yolk-sac larvae NEG Port Maintenance maintenance and repair scenarios. (33.3 million), yellowtail flounder/ As stated earlier, NEG Port will Therefore, NMFS considers that NEG Labridae eggs (27.4 million) and hake require scheduled maintenance Port maintenance and repair would

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have negligible impacts to marine Separation Scheme (TSS) on their and taking into account exceptional mammal habitat in the activity area. approach to and departure from the circumstances, EBRVs as well as repair NEG Port and/or the repair/maintenance and maintenance vessels shall take Unanticipated Algonquin Pipeline area at the earliest practicable point of appropriate actions to minimize the risk Lateral Maintenance and Repair transit in order to avoid the risk of of striking whales. Specifically vessels As stated earlier, proper care and whale strikes. shall: maintenance of the Pipeline Lateral Upon entering the TSS and areas (1) Respond to active right whale should minimize the likelihood of an where North Atlantic right whales are sightings and/or Dynamic Management unanticipated maintenance and/or known to occur, including the Great Areas (DMAs) reported on the repair event. However, unanticipated South Channel Seasonal Management Mandatory Ship Reporting (MSR) or activities may occur from time to time Area (GSC–SMA) and the SBNMS, SAS by concentrating monitoring efforts if facility components become damaged EBRVs shall go into ‘‘Heightened towards the area of most recent or malfunction. Unanticipated repairs Awareness’’ as described below. detection and reducing speed to 10 may range from relatively minor (1) Prior to entering and navigating knots or less if the vessel is within the activities requiring minimal equipment the modified TSS, the Master of the boundaries of a DMA or within the and one or two diver/ROV support vessel shall: circular area centered on an area 8 vessels to major activities requiring • Consult Navigational Telex nautical miles (nmi) in radius from a larger construction-type vessels similar (NAVTEX), NOAA Weather Radio, the sighting location; to those used to support the NOAA Right Whale Sighting Advisory (2) Respond to active acoustic construction and installation of the System (SAS) or other means to obtain detections by concentrating monitoring facility. current right whale sighting information efforts towards the area of most recent Major repair activities, although as well as the most recent Cornell detection and reducing speed to 10 unlikely, may include repairing or acoustic monitoring buoy data for the knots or less within an area 5 nm in replacement of pipeline manifolds or potential presence of marine mammals; radius centered on the detecting auto- sections of the Pipeline Lateral. This • Post a look-out to visually monitor detection buoy (AB); and type of work would likely require the for the presence of marine mammals; (3) Respond to additional sightings use of large specialty construction • Provide the USCG required 96-hour made by the designated look-outs vessels such as those used during the notification of an arriving EBRV to within a 2-mile radius of the vessel by construction and installation of the NEG allow the NEG Port manager to notify slowing the vessel to 10 knots or less Port and Pipeline Lateral. The duration Cornell of vessel arrival. and concentrating monitoring efforts of a major unplanned activity would (2) The look-out shall concentrate his/ towards the area of most recent sighting. depend upon the type of repair work her observation efforts within the 2-mile All vessels operated under NEG and involved and would require careful radius ZOI from the maneuvering EBRV. Algonquin must follow the established planning and coordination. (3) If marine mammal detection was specific speed restrictions when calling Turbidity would likely be a potential reported by NAVTEX, NOAA Weather at the NEG Port. The specific speed effect of Pipeline Lateral maintenance Radio, SAS and/or an acoustic restrictions required for all vessels (i.e., and repair activities on listed species. In monitoring buoy, the look-out shall EBRVs and vessels associated with addition, the possible removal of concentrate visual monitoring efforts maintenance and repair) consist of the benthic or planktonic species, resulting towards the areas of the most recent following: from relatively minor construction detection. (1) Vessels shall reduce their vessel water use requirements, as (4) If the look-out (or any other maximum transit speed while in the measured in comparison to EBRV water member of the crew) visually detects a TSS from 12 knots or less to 10 knots use, is unlikely to affect in a measurable marine mammal within the 2-mile or less from March 1 to April 30 in all way the food sources available to radius ZOI of a maneuvering EBRV, he/ waters bounded by straight lines marine mammals. Thus, any impacts to she will take the following actions: connecting the following points in the • marine mammal habitat are not The Officer-of-the-Watch shall be order stated below unless an emergency expected to cause significant or long- notified immediately; who shall then situation dictates for an alternate speed. term consequences for individual relay the sighting information to the This area shall hereafter be referred to marine mammals or their populations. Master of the vessel to ensure action(s) as the Off Race Point Seasonal can be taken to avoid physical contact Management Area (ORP–SMA) and Mitigation Measures with marine mammals; and tracks NMFS regulations at 50 CFR • In order to issue an incidental take The sighting shall be recorded in 224.105: authorization under section 101(a)(5)(D) the sighting log by the designated look- 42°30′ N. 70°30′ W. 41°40′ N. 69°57′ W. of the MMPA, NMFS must set forth the out. ° ′ ° ′ ° ′ ° ′ In accordance with 50 CFR 42 30 N. 69 45 W. 42 12 N. 70 15 W. permissible methods of taking pursuant 41°40′ N. 69°45′ W. 42°12′ N. 70°30′ W. to such activity, and other means of 224.103(c), all vessels associated with 42°04.8′ N. 70°10′ W. 42°30′ N. 70°30′ W.; effecting the least practicable adverse NEG Port and Pipeline Lateral activities (2) Vessels shall reduce their impact on such species or stock and its shall not approach closer than 500 yards maximum transit speed while in the habitat, paying particular attention to (yd, 460 m) to a North Atlantic right TSS to 10 knots or less unless an rookeries, mating grounds, and areas of whale and 100 yd (91 m) to other emergency situation dictates for an similar significance, and on the whales to the extent physically feasible alternate speed from April 1 to July 31 availability of such species or stock for given navigational constraints. In in all waters bounded by straight lines taking for certain subsistence uses. addition, when approaching and departing the project area, vessels shall connecting the following points in the (a) General Marine Mammal Avoidance be operated so as to remain at least 1 order stated below. This area shall Measures kilometer away from any visually- hereafter be referred to as the GSC–SMA All vessels shall utilize the detected North Atlantic right whales. and tracks NMFS regulations at 50 CFR International Maritime Organization In response to active right whale 224.105: (IMO)-approved Boston Traffic sightings and active acoustic detections, 42°30′ N. 69°45′ W. 41°40′ N. 69°45′ W.

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42°30′ N. 67°27′ W. 42°30′ N. 69°45′ W. detected North Atlantic right whale and apprised of repair work plans as further 42°09′ N. 67°08.4′ W. 41°00′ N. 69°05′ W.; at least 100 yd (91 m) away from all details (e.g., the time, location, and (3) Vessels are not expected to transit other visually-detected whales unless an nature of the repair) become available. the Cape Cod Bay or the Cape Cod emergency situation requires that the A final notification shall be provided to Canal; however, in the event that transit vessel stay its course. During EBRV agencies 72 hours prior to crews being through the Cape Cod Bay or the Cape maneuvering, the Vessel Master shall deployed into the field. Cod Canal is required, vessels shall designate at least one look-out to be Pipeline Lateral reduce maximum transit speed to 10 exclusively and continuously knots or less from January 1 to May 15 monitoring for the presence of marine (1) Pipeline maintenance/repair in all waters in Cape Cod Bay, extending mammals at all times while the EBRV is vessels less than 300 GT traveling to all shorelines of Cape Cod Bay, with approaching or departing from the NEG between the shore and the maintenance/ a northern boundary of 42°12′ N. Port; repair area that are not generally latitude and the Cape Cod Canal. This (3) During NEG Port operations, in the restricted to 10 knots shall contact the area shall hereafter be referred to as the event that a whale is visually observed MSR system, the USCG, or the project Cape Cod Bay Seasonal Management within 1 km of the NEG Port or a site before leaving shore for reports of Area (CCB–SMA); confirmed acoustic detection is reported active DMAs and/or recent right whale (4) All Vessels transiting to and from on either of the two ABs closest to the sightings and, consistent with the project area shall report their NEG Port (western-most in the TSS navigation safety, restrict speeds to 10 activities to the mandatory reporting array), departing EBRVs shall delay knots or less within 5 mi (8 km) of any Section of the USCG to remain apprised their departure from the NEG Port, sighting location, when travelling in any of North Atlantic right whale unless an emergency situation requires of the seasonal management areas movements within the area. All vessels that departure is not delayed. This (SMAs) as defined above. entering and exiting the MSRA shall departure delay shall continue until (2) Maintenance/repair vessels greater report their activities to either the observed whale has been than 300 GT shall not exceed 10 knots, WHALESNORTH. Vessel operators shall visually (during daylight hours) unless an emergency situation that contact the USCG by standard confirmed as more than 1 km from the requires speeds greater than 10 knots. procedures promulgated through the NEG Port or 30 minutes have passed (3) Planned maintenance and repair Notice to Mariner system; without another confirmed detection activities shall be restricted to the (5) All Vessels greater than or equal to either acoustically within the acoustic period between May 1 and November 30 300 gross tons (GT) shall maintain a detection range of the two ABs closest when most of the majority of North speed of 10 knots or less, unless an to the NEG Port, or visually within 1 km Atlantic right whales are absent in the emergency situation requires speeds from the NEG Port. area. (4) Unplanned/emergency greater than 10 knots; and Vessel captains shall focus on maintenance and repair activities shall (6) All Vessels less than 300 GT reducing DP thruster power to the be conducted utilizing anchor-moored traveling between the shore and the maximum extent practicable, taking into dive vessel whenever operationally project area that are not generally account vessel and Port safety, during possible. restricted to 10 knots will contact the the operation activities. Vessel captains Mandatory Ship Reporting (MSR) (5) Algonquin shall also provide the will shut down thrusters whenever they NMFS Office of the Protected Resources, system, the USCG, or the project site are not needed. before leaving shore for reports of active NMFS Northeast Region Ship Strike DMAs and/or recent right whale (c) Planned and Unplanned Coordinator, and SBNMS with a sightings and, consistent with Maintenance and Repair Activities minimum of 30-day notice prior to any planned repair and/or maintenance navigation safety, restrict speeds to 10 NEG Port knots or less within 5 miles (mi) (8 km) activity. For any unplanned/emergency of any sighting location, when traveling (1) The Northeast Gateway shall repair/maintenance activity, Northeast in any of the seasonal management areas conduct empirical source level Gateway shall notify the agencies as (SMAs) or when traveling in any active measurements on all noise emitting soon as it determines that repair work DMA. from construction equipment and all must be conducted. Algonquin shall vessels that are involved in continue to keep the agencies apprised (b) NEG Port-Specific Operations maintenance/repair work. of repair work plans as further details In addition to the general marine (2) If DP systems are to be employed (e.g., the time, location, and nature of mammal avoidance requirements and/or activities will emit noise with a the repair) become available. A final identified above, vessels calling on the source level of 139 dB re 1 mPa at 1 m, notification shall be provided to NEG Port must comply with the activities shall be conducted in agencies 72 hours prior to crews being following additional requirements: accordance with the requirements for deployed into the field. (1) EBRVs shall travel at 10 knots DP systems listed above. (6) If DP systems are to be employed maximum speed when transiting to/ (3) Northeast Gateway shall provide and/or activities will emit noise with a from the TSS or to/from the NEG Port/ the NMFS Headquarters Office of the source level of 139 dB re 1 mPa at 1 m, Pipeline Lateral area. For EBRVs, at 1.86 Protected Resources, NMFS Northeast activities shall be conducted in mi (3 km) from the NEG Port, speed will Region Ship Strike Coordinator, and accordance with the requirements for be reduced to 3 knots and to less than SBNMS with a minimum of 30-days DP systems listed in (5)(b)(ii). 1 knot at 1,640 ft (500 m) from the NEG notice prior to any planned repair and/ (7) In the event that a whale is buoys, unless an emergency situation or maintenance activity. For any visually observed within 0.5 mi (0.8 km) dictates the need for an alternate speed; unplanned/emergency repair/ of a repair or maintenance vessel, the (2) EBRVs that are approaching or maintenance activity, Northeast vessel superintendent or on-deck departing from the NEG Port and are Gateway shall notify the agencies as supervisor shall be notified within the Area to be Avoided (ATBA) soon as it determines that repair work immediately. The vessel’s crew shall be surrounding the NEG Port, shall remain must be conducted. Northeast Gateway put on a heightened state of alert and at least 1 km away from any visually- shall continue to keep the agencies the marine mammal shall be monitored

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constantly to determine if it is moving • In the event that a marine mammal adhere to the following speed toward the repair or maintenance area. becomes entangled, the marine mammal restrictions and marine mammal (8) Repair/maintenance vessel(s) must coordinator and/or protected species monitoring requirements. cease any movement and/or cease all observer (PSO) will notify NMFS (if (1) In accordance with 50 CFR activities that emit noises with source outside the SBNMS), and SBNMS staff 224.103 (c), all vessels associated with level of 139 dB re 1 mPa @ 1 m or higher (if inside the SBNMS) immediately so NEG Port activities shall not approach when a right whale is sighted within or that a rescue effort may be initiated. closer than 500 yd (460 meters) to a approaching at 500 yd (457 meters) from (11) All maintenance/repair activities North Atlantic right whale. the vessel. The source level of 139 dB shall be scheduled to occur between (2) All vessels shall obtain the latest corresponds to 120 dB received level at May 1 and November 30. However, in DMA or right whale sighting 500 yd (457 meters). Repair and the event of unplanned/emergency information via the NAVTEX, MSR, maintenance work may resume after the repair work that cannot be scheduled SAS, NOAA Weather Radio, or other marine mammal is positively during the preferred May through available means prior to operations. reconfirmed outside the established November work window, the following Mitigation Conclusions zones (500 yd (457 meters)) or 30 additional measures shall be followed minutes have passed without a for Pipeline Lateral maintenance and NMFS has carefully evaluated the redetection. Any vessels transiting the repair related activities between mitigation measures and considered a maintenance area, such as barges or December and April: range of other measures in the context tugs, must also maintain these • Between December 1 and April 30, of ensuring that NMFS prescribes the separation distances. if on-board PSOs do not have at least means of effecting the least practicable (9) Repair/maintenance vessel(s) must 0.5-mile visibility, they shall call for a impact on the affected marine mammal cease any movement and/or cease all shutdown. At the time of shutdown, the species and stocks and their habitat. Our activities that emit noises with source use of thrusters must be minimized. If evaluation of potential measures level of 139 dB re 1 mPa @ 1 m or higher there are potential safety problems due included consideration of the following when a marine mammal other than a to the shutdown, the captain will decide factors in relation to one another: right whale is sighted within or what operations can safely be shut • The manner in which, and the approaching at 100 yd (91 m) from the down; degree to which, the successful vessel. Repair and maintenance work • Prior to leaving the dock to begin implementation of the measure is may resume after the marine mammal is transit, the barge shall contact one of the expected to minimize adverse impacts positively reconfirmed outside the PSOs on watch to receive an update of to marine mammals. established zones (100 yd (91 meters)) sightings within the visual observation • The proven or likely efficacy of the or 30 minutes have passed without a area. If the PSO has observed a North specific measure to minimize adverse redetection. Any vessels transiting the Atlantic right whale within 30 minutes impacts as planned. maintenance area, such as barges or of the transit start, the vessel shall hold • The practicability of the measure tugs, must also maintain these for 30 minutes and again get a clearance for applicant implementation. separation distances. to leave from the PSOs on board. PSOs Based on our evaluation of the (10) Algonquin and associated shall assess whale activity and visual applicant’s mitigation measures, as well contractors shall also comply with the observation ability at the time of the as other measures considered by NMFS, following: transit request to clear the barge for NMFS has determined that the • Operations involving excessively release; mitigation measures provide the means noisy equipment (source level • Transit route, destination, sea of effecting the least practicable adverse exceeding 139 dB re 1mPa @ 1 m) shall conditions and any marine mammal impact on marine mammal species or ‘‘ramp-up’’ sound sources, allowing sightings/mitigation actions during stocks and their habitat, paying whales a chance to leave the area before watch shall be recorded in the log book. particular attention to rookeries, mating sounds reach maximum levels. In Any whale sightings within 1,000 grounds, and areas of similar addition, Northeast Gateway, meters of the vessel shall result in a significance. Algonquin, and other associated high alert and slow speed of 4 knots or Monitoring and Reporting contractors shall maintain equipment to less and a sighting within 750 m shall manufacturers’ specifications, including result in idle speed and/or ceasing all In order to issue an incidental take any sound-muffling devices or engine movement; authorization (ITA) for an activity, covers in order to minimize noise • The material barges and tugs used section 101(a)(5)(D) of the MMPA states effects. Noisy construction equipment in repair and maintenance shall transit that NMFS must set forth, shall only be used as needed and from the operations dock to the work ‘‘requirements pertaining to the equipment shall be turned off when not sites during daylight hours when monitoring and reporting of such in operation; possible provided the safety of the taking.’’ The MMPA implementing • Any material that has the potential vessels is not compromised. Should regulations at 50 CFR 216.104 (a)(13) to entangle marine mammals (e.g., transit at night be required, the indicate that requests for ITAs must anchor lines, cables, rope or other maximum speed of the tug shall be 5 include the suggested means of construction debris) shall only be knots; and accomplishing the necessary monitoring deployed as needed and measures shall • All repair vessels must maintain a and reporting that will result in be taken to minimize the chance of speed of 10 knots or less during daylight increased knowledge of the species and entanglement; hours. All vessels shall operate at 5 of the level of taking or impacts on • For any material that has the knots or less at all times within 5 km of populations of marine mammals that are potential to entangle marine mammals, the repair area. expected to be present in the action such material shall be removed from the area. NE Gateway has provided marine water immediately unless such action Acoustic Monitoring Related Activities mammal monitoring measures as part of jeopardizes the safety of the vessel and Vessels associated with maintaining the IHA application. It can be found at crew as determined by the Captain of the AB network operating as part of the http://www.nmfs.noaa.gov/pr/permits/ the vessel; and mitigation/monitoring protocols shall incidental.htm.

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Monitoring measures prescribed by (1) Recent NAVTEX, NOAA Weather additional vessels if AB data indicates NMFS should accomplish one or more Radio, SAS and/or acoustic monitoring that sound levels exceed 120 dB re 1 of the following general goals: buoy detection data; mPa, further then 100 m (328 ft) from (1) An increase in the probability of (2) Binoculars to support these vessels. detecting marine mammals, both within observations; All PSOs shall receive NMFS- the mitigation zone (thus allowing for (3) Marine mammal detection guide approved marine mammal observer more effective implementation of the sheets; and training and be approved in advance by mitigation) and in general to generate (4) Sighting log. NMFS after review of their resume. All more data to contribute to the analyses (b) NEG Port Operations PSOs shall have direct field experience mentioned below; on marine mammal vessels and/or aerial All individuals onboard the EBRVs surveys in the Atlantic Ocean/Gulf of (2) An increase in our understanding responsible for the navigation duties of how many marine mammals are Mexico. and any other personnel that could be PSOs (one primary and one likely to be exposed to levels of pile assigned to monitor for marine driving that we associate with specific secondary) shall be responsible for mammals shall receive training on visually locating marine mammals at the adverse effects, such as behavioral marine mammal sighting/reporting and harassment, TTS, or PTS; ocean’s surface and, to the extent vessel strike avoidance measures. possible, identifying the species. The (3) An increase in our understanding While an EBRV is navigating within primary PSO shall act as the of how marine mammals respond to the designated TSS, there shall be three identification specialist and the stimuli expected to result in take and people with look-out duties on or near secondary PSO will serve as data how anticipated adverse effects on the bridge of the ship including the recorder and also assist with individuals (in different ways and to Master, the Officer-of-the-Watch and the identification. Both PSOs shall have varying degrees) may impact the Helmsman-on-watch. In addition to the responsibility for monitoring for the population, species, or stock standard watch procedures, while the presence of marine mammals and sea (specifically through effects on annual EBRV is transiting within the designated turtles. Specifically PSO’s shall: rates of recruitment or survival) through TSS, maneuvering within the ATBA, (1) Monitor at all hours of the day, any of the following methods: and/or while actively engaging in the • scanning the ocean surface by eye for a Behavioral observations in the use of thrusters, an additional look-out minimum of 40 minutes every hour; presence of stimuli compared to shall be designated to exclusively and (2) Monitor the area where observations in the absence of stimuli continuously monitor for marine maintenance and repair work is (need to be able to accurately predict mammals. conducted beginning at daybreak using received level, distance from source, All sightings of marine mammals by 25x power binoculars and/or hand-held and other pertinent information); the designated look-out, individuals binoculars. Night vision devices must be • Physiological measurements in the posted to navigational look-out duties, provided as standard equipment for presence of stimuli compared to and/or any other crew member while monitoring during low-light hours and observations in the absence of stimuli the EBRV is transiting within the TSS, at night; (need to be able to accurately predict maneuvering within the ATBA and/or (3) Conduct general 360° visual received level, distance from source, when actively engaging in the use of monitoring during any given watch and other pertinent information); and thrusters, shall be immediately reported period and target scanning by the • Distribution and/or abundance to the Officer-of-the-Watch who shall observer shall occur when alerted of a comparisons in times or areas with then alert the Master. The Master or whale presence; concentrated stimuli versus times or Officer-of-the-Watch shall ensure the (4) Alert the vessel superintendent or areas without stimuli; required reporting procedures are construction crew supervisor of visual (4) An increased knowledge of the followed and the designated marine detections within 2 mi (3.31 km) affected species; and mammal look-out records all pertinent immediately; and (5) An increase in our understanding information relevant to the sighting. (5) Record all sightings on marine of the effectiveness of certain mitigation Visual sightings made by look-outs mammal field sighting logs. and monitoring measures. from the EBRVs shall be recorded using Specifically, all data shall be entered at a standard sighting log form. Estimated the time of observation, notes of Monitoring Measures locations shall be reported for each activities will be kept, and a daily report (a) Vessel-Based Visual Monitoring individual and/or group of individuals prepared and attached to the daily field categorized by species when known. sighting log form. The basic reporting Vessel-based monitoring for marine This data shall be entered into a requirements include the following: mammals shall be done by trained look- database and a summary of monthly • Beaufort sea state; outs during NEG Port and Pipeline sighting activity shall be provided to • Wind speed; Lateral operations and maintenance and NMFS. Estimates of take and copies of • Wind direction; repair activities. The observers shall • Temperature; these log sheets shall also be included • monitor the occurrence of marine in the reports to NMFS. Precipitation; • Glare; mammals near the vessels during NEG • Port and Pipeline Lateral related (c) Planned and Unplanned Percent cloud cover; • Number of animals; activities. Lookout duties include Maintenance and Repair • Species; watching for and identifying marine Two qualified and NMFS-approved • Position; mammals; recording their numbers, PSOs shall be assigned to each vessel • Distance; distances, and reactions to the activities; that will use DP systems during • Behavior; and documenting ‘‘take by harassment.’’ maintenance and repair related • Direction of movement; and The vessel look-outs assigned to activities. PSOs shall operate • Apparent reaction to construction visually monitor for the presence of individually in designated shifts to activity. marine mammals shall be provided with accommodate adequate rest schedules. In the event that a whale is visually the following: Additional PSOs shall be assigned to observed within the 2-mi (3.31-km) ZOI

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of a DP vessel or other construction screen the low-frequency acoustic maintenance period, a report shall be vessel that has shown to emit noise with environment (less than 1,000 Hertz) for submitted to NMFS summarizing the source level in excess of 139 dB re 1 mPa right whale contact calls occurring repair/maintenance activities, marine @1 m, the PSO will notify the repair/ within an approximately 5-nm radius mammal sightings (both visual and maintenance construction crew to from each buoy (the AB’s detection acoustic), empirical source-level minimize the use of thrusters until the range). measurements taken during the repair animal has moved away, unless there (2) Once a confirmed detection is work, and any mitigation measures are divers in the water or an ROV is made, the Master of any EBRVs taken. deployed. operating in the area will be alerted (b) During the maintenance and repair immediately. (d) Acoustic Monitoring of NEG Port and Pipeline Lateral NEG Port and Pipeline Lateral components, weekly status reports shall Northeast Gateway shall deploy 10 Planned and Unplanned/Emergency be provided to NOAA (both NMFS and ABs within the Separation Zone of the Repair and Maintenance Activities SBNMS) using standardized reporting TSS for the operational life of the (1) If the repair/maintenance work is forms. The weekly reports shall include Project. The ABs shall be used to detect located outside of the detectible range of data collected for each distinct marine a calling North Atlantic right whale an the 10 project area ABs, Northeast mammal species observed in the repair/ average of 5 nmi from each AB. The AB Gateway and Algonquin shall consult maintenance area during the period that system shall be the primary detection with NOAA (NMFS and SBNMS) to maintenance and repair activities were mechanism that alerts the EBRV Master determine if the work to be conducted taking place. The weekly reports shall to the occurrence of right whales, warrants the temporary installation of include the following information: heightens EBRV awareness, and triggers an additional AB(s) to help detect and • Location (in longitude and latitude necessary mitigation actions as provide early warnings for potential coordinates), time, and the nature of the described above. Northeast Gateway occurrence of right whales in the maintenance and repair activities; shall conduct short-term passive vicinity of the repair area. • Indication of whether a DP system acoustic monitoring to document sound (2) The number of ABs installed was operated, and if so, the number of levels during: around the activity site shall be (1) The initial operational events in thrusters being used and the time and commensurate with the type and spatial duration of DP operation; the 2015–2016 winter heating season; extent of maintenance/repair work • (2) Regular deliveries outside the Marine mammals observed in the required, but must be sufficient to detect area (number, species, age group, and winter heating season should such vocalizing right whales within the 120- deliveries occur; and initial behavior); dB impact zone. • The distance of observed marine (3) Scheduled and unscheduled (3) Should acoustic monitoring be mammals from the maintenance and maintenance and repair activities. deemed necessary during a planned or repair activities; Northeast Gateway shall conduct unplanned/emergency repair and/or • Changes, if any, in marine mammal long-term monitoring of the noise maintenance event, active monitoring behaviors during the observation; environment in Massachusetts Bay in for right whale calls shall begin 24 the vicinity of the NEG Port and • A description of any mitigation hours prior to the start of activities. Pipeline Lateral using marine (4) Source level data from the acoustic measures (power-down, shutdown, etc.) autonomous recording units (MARUs) implemented; recording units deployed in the NEG • when there is anticipated to be more Port and/or Pipeline Lateral Weather condition (Beaufort sea than 5 NEG shipments in a 30-day maintenance and repair area shall be state, wind speed, wind direction, period or over 20 shipments in a 6- provided to NMFS. ambient temperature, precipitation, and month period. percent cloud cover etc.); The acoustic data collected shall be Reporting Measures • Condition of the observation analyzed to document the seasonal (a) Throughout NEG Port and Pipeline (visibility and glare); and occurrences and overall distributions of Lateral operations, Northeast Gateway • Details of passive acoustic whales (primarily fin, humpback and and Algonquin shall provide a monthly detections and any action taken in right whales) within approximately 10 Monitoring Report. The Monitoring response to those detections. nmi of the NEG Port and shall measure Report shall include: and document the noise ‘‘budget’’ of • (d) Injured/Dead Protected Species Both copies of the raw visual EBRV Reporting Massachusetts Bay so as to eventually lookout sighting information of marine assist in determining whether or not an mammals that occurred within 2 miles In the unanticipated event that survey overall increase in noise in the Bay of the EBRV while the vessel transits operations clearly cause the take of a associated with the Project might be within the TSS, maneuvers within the marine mammal in a manner prohibited having a potentially negative impact on ATBA, and/or when actively engaging by the issued IHA, such as an injury marine mammals. in the use of thrusters, and a summary (Level A harassment), serious injury or Northeast Gateway shall make all of the data collected by the look-outs mortality (e.g., ship-strike, gear acoustic data, including data previously over each reporting period; interaction, and/or entanglement), NEG collected by the MARUs during prior • Copies of the raw PSO sightings and/or Algonquin shall immediately construction, operations, and information on marine mammals cease activities and immediately report maintenance and repair activities, gathered during pipeline repair or the incident to the Supervisor of the available to NOAA. Data storage will be maintenance activities. This visual Incidental Take Program, Permits and the responsibility of NOAA. sighting data shall then be correlated to Conservation Division, Office of (e) Acoustic Whale Detection and periods of thruster activity to provide Protected Resources, NMFS and the Response Plan estimates of marine mammal takes (per Northeast Regional Stranding species/species class) that took place Coordinators. The report must include NEG Port Operations during each reporting period; and the following information: (1) Ten ABs that have been deployed • Conclusion of any planned or • Time, date, and location (latitude/ since 2007 shall be used to continuously unplanned/emergency repair and/or longitude) of the incident;

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• The name and type of vessel Coordinators, within 24 hours of the section found earlier in this document. involved; discovery. NEG and/or Algonquin shall The potential effects of sound from the • The vessel’s speed during and provide photographs or video footage (if NEG Port and Pipeline Lateral leading up to the incident; available) or other documentation of the operations, maintenance and repair • Description of the incident; stranded animal sighting to NMFS and activities might include one or more of • Status of all sound source use in the the Marine Mammal Stranding Network. the following: masking of natural 24 hours preceding the incident; NEG and/or Algonquin can continue its sounds and behavioral disturbance • Water depth; operations under such a case. (Richardson et al., 1995). As discussed • Environmental conditions (e.g., Marine Mammal Monitoring Report earlier in this document, the most wind speed and direction, Beaufort sea common impact will likely be from state, cloud cover, and visibility); From Previous IHA • behavioral disturbance, including Description of marine mammal Prior marine mammal monitoring avoidance of the ensonified area or observations in the 24 hours preceding during NEG Port and Pipeline Lateral changes in speed, direction, and/or the incident; operation, maintenance and repair diving profile of the animal. Hearing • Species identification or activities and monthly marine mammal impairment (TTS and PTS) is highly description of the animal(s) involved; observation memorandums (NEG 2010; unlikely to occur based on low noise • The fate of the animal(s); and 2015; 2016) indicate that only a small • Photographs or video footage of the source levels from the activities that number of marine mammals were would preclude marine mammals from animal (if equipment is available). observed during these activities. Only Activities shall not resume until being exposed to noise levels high one NEG Port operation occurred within enough to cause hearing impairment. NMFS is able to review the the dates of the current IHA (starting circumstances of the prohibited take. For non-pulse sounds, such as those December 23, 2015) and only one produced by operating DP thruster NMFS shall work with NEG and/or unidentified small whale was observed Algonquin to determine what is during vessel docking and supporting at a distance of 2 nmi from the NEG underwater construction and repair necessary to minimize the likelihood of vessel on January 17, 2016. No other further prohibited take and ensure activities and the operations of various NEG Port and Pipeline Lateral related machineries that produces non-pulse Marine Mammal Protection Act activity occurred during this period. (MMPA) compliance. NEG and/or noises, NMFS uses the 120 dB (rms) re Algonquin may not resume their Estimated Take by Incidental 1 mPa isopleth to indicate the onset of activities until notified by NMFS via Harassment Level B harassment. The basis for Northeast Gateway and letter, email, or telephone. Except with respect to certain Algonquin’s ‘‘take’’ estimate is the In the event that NEG and/or activities not pertinent here, the MMPA number of marine mammals that would Algonquin discovers an injured or dead defines ‘‘harassment’’ as: any act of be exposed to sound levels in excess of marine mammal, and the lead PSO pursuit, torment, or annoyance which (i) 120 dB, which is the threshold used by determines that the cause of the injury has the potential to injure a marine NMFS for non-pulse sounds. For the or death is unknown and the death is mammal or marine mammal stock in the relatively recent (i.e., in less than a wild (Level A harassment); or (ii) has NEG Port and Pipeline Lateral moderate state of decomposition as the potential to disturb a marine operations and maintenance and repair described in the next paragraph), NEG mammal or marine mammal stock in the activities, the take estimates are and/or Algonquin will immediately (i.e., wild by causing disruption of behavioral determined by multiplying the 120-dB within 24 hours of the discovery) report patterns, including, but not limited to, ensonified area by local marine mammal the incident to the Supervisor of the migration, breathing, nursing, breeding, density estimates, and then multiplying Incidental Take Program, Permits and feeding, or sheltering (Level B by the estimated number of days such Conservation Division, Office of harassment). Only take by Level B activities would occur during a year- Protected Resources, NMFS, and the harassment is anticipated as a result of long period. For the NEG Port NMFS Northeast Stranding operations, the 120-dB ensonified area NEG’s operation and maintenance and 2 Coordinators. The report must include repair activities. Anticipated take of is 56.8 km for a single visit during the same information identified above. marine mammals is associated with docking when running DP system. Activities may continue while NMFS operation of dynamic positioning during Although two EBRV docking with reviews the circumstances of the the docking of the NEG vessels and simultaneous DP system running was incident. NMFS will work with NEG positioning of maintenance and dive modeled, this situation would not occur and/or Algonquin to determine whether vessels, and by operations of certain in reality. For NEG Port and Pipeline modifications in the activities are machinery during maintenance and Lateral maintenance and repair appropriate. repair activities. The regasification activities, modeling based on the In the event that NEG or Algonquin process itself is an activity that does not empirical measurements showed that discovers an injured or dead marine rise to the level of taking, as the the distance of the 120-dB radius is mammal, and the lead PSO determines modeled source level for this activity is expected to be 3.5 km, making a that the injury or death is not associated maximum 120-dB ZOI of approximately 108 dB. Certain species may have a 2 with or related to the activities behavioral reaction to the sound emitted 40.7 km . authorized (if the IHA is issued) (e.g., during the activities. Hearing NEG Port and Algonquin Pipeline previously wounded animal, carcass impairment is not anticipated. Lateral Activities Acoustic Footprints with moderate to advanced Additionally, vessel strikes are not decomposition, or scavenger damage), anticipated, especially because of the I. NEG Port Operations NEG and/or Algonquin shall report the speed restriction measures that were For the purposes of understanding the incident to the Supervisor of the described earlier in this document. noise footprint of operations at the NEG Incidental Take Program, Permits and The full suite of potential impacts to Port, measurements taken to capture Conservation Division, Office of marine mammals was described in operational noise (docking, undocking, Protected Resources, NMFS, and the detail in the ‘‘Potential Effects of the regasification, and EBRV thruster use) NMFS Northeast Stranding Specified Activity on Marine Mammals’’ during the 2006 Gulf of Mexico field

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event were taken at the source. each of the specified locations. Updated values in range and depth, i.e., Measurements taken during EBRV acoustic modeling was completed using computation of the transmission loss as transit were normalized to a distance of Tetra Tech’s underwater sound a function of range and depth within a 328 ft (100 m) to serve as a basis for propagation program which utilizes a given radial plane is carried out modeling sound propagation at the NEG version of the publicly available Range independently of neighboring radials, Port site in Massachusetts Bay. Dependent Acoustic Model (RAM). reflecting the assumption that sound Sound propagation calculations for Based on the U.S. Navy’s Standard propagation is predominantly away operational activities were then Split-Step Fourier Parabolic Equation, from the source. Transects were run completed at two positions in this modeling methodology considers along compass points at angular Massachusetts Bay to determine site- range and depth along with a geo- directions ranging from 0 to 360° in 5 specific distances to the 120/160/180 dB referenced dataset to automatically degree increments. The received isopleths: • Operations Position 1—Port (EBRV retrieve the time of year information, underwater sound levels at any location Operations): 70°36.261′ W and bathymetry, and seafloor geoacoustic within the region of interest are 1 42°23.790′ N; and properties along the given propagation computed from the ⁄3-octave band • Operations Position 2—Boston TSS transects radiating from the sound source levels by subtracting the (EBRV Transit): 70°17.621′ W and source. The calculation methodology numerically modelled transmission loss 42°17.539′ N assumes that outgoing energy dominates at each 1⁄3-octave band center frequency At each of these locations sound over scattered energy, and computes the and summing across all frequencies to propagation calculations were solution for the outgoing wave equation. obtain a broadband value. The resultant performed to determine the noise An approximation is used to provide underwater sound pressure levels to the footprint of the operation activity at two-dimensional transmission loss 120 dB isopleth is presented in Table 2.

TABLE 2—RADII OF 120 DB SPL ISOPLETHS FROM NEG PORT AND ALGONQUIN PIPELINE LATERAL OPERATIONS, MAINTENANCE, AND REPAIR ACTIVITIES

Activities Radius to 120 dB 120-dB ensonified zone (m) area (km2)

One EBRV docking procedure with support vessel ...... 4,250 56.8 Barge/tug (pulling & pushing)/construction vessel/barge @ mid-pipeline ...... 3,500 40.7

II. NEG Port Maintenance and Repair III. Algonquin Pipeline Lateral Since the issuance of an IHA to NEG Operation and Maintenance Activities on December 22, 2015, there was only Modeling analysis conducted for the one NEG delivery at the NEG Port in construction of the NEG Port concluded Modeling analysis conducted during January 2015. NEG expects that when that the only underwater noise of the NEG Port and Pipeline Lateral the Port is under full operation, it will critical concern during NEG Port construction concluded that the only receive up to 65 NEG shipments per construction would be from vessel underwater noise of critical concern year, and would require 14 days for noises such as turning screws, engine during such activities would be from NEG Port maintenance and up to 40 noise, noise of operating machinery, and vessel noises such as turning screws, days for planned and unplanned thruster use. To confirm these modeled engine noise, noise of operating Algonquin Pipeline Lateral maintenance results and better understand the noise machinery, and thruster use. As with and repair. footprint associated with construction construction noise at the NEG Port, to confirm modeled results and better Marine Mammal Densities activities at the NEG Port, field understand the noise footprint measurements were taken of various The density calculation methodology associated with construction activities construction activities during the 2007 applied to take estimates for this along the Pipeline Lateral, field NEG Port and Pipeline Lateral application is derived from the model measurements were taken of various results produced by Roberts et al. (2016) Construction period. Measurements construction activities during the 2007 for the east coast region. These files are were taken and normalized as described NEG Port and Algonquin Pipeline available Duke University’s Habitat- to establish the ‘‘loudest’’ potential Lateral construction period. based Cetacean Density Models Web construction measurement event. One Measurements were taken and site: http://http://seamap.env.duke.edu/ position within Massachusetts Bay was normalized to establish the ‘‘loudest’’ models/Duke-EC-GOM-2015/. The then used to determine site-specific potential construction measurement estimated mean monthly abundance for distances to the 120/180 dB isopleths event. Two positions within each species for each month was an for NEG Port maintenance and repair Massachusetts Bay were then used to average of each month. Monthly values activities: determine site-specific distances to the were not modeled for some species (e.g. Construction Position 1. Port: 120/160/180 dB isopleths: killer whale), therefore, only the single 70°36.261′ W and 42°23.790′ N • Construction Position 2. PLEM: ° ′ ° ′ value was reported. Estimates provided Sound propagation calculations were 70 46.755 W and 42 28.764 N; and by the models are based on a grid cell performed to determine the noise • Construction Position 3. Mid- size of 100 km2, therefore, model grid footprint of the construction activity. Pipeline: 70°40.842′ W and 42°31.328′ N cell values were divided by 100 to The results showed that the estimated Sound propagation calculations were determine animals per km2. Gray seal distance from the loudest source performed to determine the noise and harbor seal densities are not involved in construction activities fell footprint of the construction activity. provided in the Roberts et al. (2016) to 120 dB re 1 mPa at a distance of 3,500 The results of the distances to the 120- models. Seal densities were derived m. dB are shown in Table 2. from the Strategic Environmental

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Research and Development Program Marine Mammal Take Calculation of the animal population that could be (SERDP) using the Navy Oparea Density Based on NEG Gateway’s expectations affected. The actual number of Estimate (NODE) model for the of up to 65 NEG shipments per year, and individual animals being exposed or Northeast Opareas. (Best et al., 2012). A up to 14 days for NEG Port maintenance taken would likely be less. Since no summary of the each species density is and up to 40 days for planned and population/stock estimates for killer provided in Table 3 below. unplanned Algonquin Pipeline Lateral whale and gray seal is available, the repair, the total estimated takes in a percentage of estimated takes for these TABLE 3—ESTIMATED SPECIES given year is calculated based on the species is unknown. Nevertheless, since DENSITIES following equation. Massachusetts Bay represents only a 2 [animals per km ] N = ANEG*D*65 + APort*D*14 + small fraction of the western North APipeline*D*40 Atlantic basin where these animals Mean monthly occur, NMFS has determined that the Species densities Where N is the take number for a given species with average density of D. takes of 7 killer whales and 159 gray North Atlantic right whale ..... 0.000838 ANEG, APort, and APipeline are the 120-dB seals represent a small fraction of the Fin whale ...... 0.00225 ZOI during EMRV vessel docking for population and stocks of these species Humpback whale ...... 0.00502 regasification, NEG Port maintenance, (Table 4). There is no danger of injury, Minke whale ...... 0.00354 death, or hearing impairment from the Sei whale ...... 0.000025 and Algonquin Pipeline Lateral repair, Long-finned Pilot whale ...... 0.00135 respectively. In addition, numbers of exposure to these noise levels. Killer whale ...... 0.0000089 some species that usually occur in Atlantic white-sided dolphin .. 0.0219 groups were adjusted to reflect the Bottlenose dolphin ...... 0.0113 average number of animals in a typical Common dolphin ...... 0.0025 group. A summary of expected takes is Risso’s dolphin ...... 0.00025 provided in Table 4. Since it is very Harbor porpoise ...... 0.0804 likely that individual animals could be Gray seal ...... 0.027 Harbor seal ...... 0.097 ‘‘taken’’ by harassment multiple times, the percentages are the upper boundary

TABLE 4—ESTIMATED ANNUAL TAKES OF MARINE MAMMALS FROM THE NEG PORT AND ALGONQUIN PIPELINE LATERAL OPERATIONS AND MAINTENANCE AND REPAIR ACTIVITIES IN MASSACHUSETTS BAY

Number of exposure Population Species Population/stock based on Estimated take (%) density

Right whale ...... Western Atlantic ...... 5 5 1.36. Fin whale ...... Western North Atlantic ...... 13 13 0.82. Humpback whale ...... Gulf of Maine ...... 30 30 3.59. Sei whale ...... Nova Scotia ...... 1 3 0.04. Minke whale ...... Canadian East Coast ...... 21 21 0.10. Long-finned pilot whale ...... Western North Atlantic ...... 8 15 0.14. Killer whale ...... Western North Atlantic ...... 1 7 Unknown.* Atlantic white-sided dolphin ...... Western North Atlantic ...... 129 129 0.26 Bottlenose dolphin ...... Western North Atlantic Southern Migratory .... 67 67 0.58. Short-beaked common dolphin ...... Western North Atlantic ...... 15 40 0.01. Risso’s dolphin ...... Western North Atlantic ...... 2 18 0.01. Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 474 474 0.59. Harbor seal ...... Western North Atlantic ...... 571 571 0.75. Gray seal ...... Western North Atlantic ...... 159 159 Unknown.* * Killer whale and gray seal abundance information is not available.

Technical Guidance for Assessing the committed time and resources to the In this case, we performed an analysis Effects of Anthropogenic Sound on development of analyses based on our using the new Guidance to calculate Marine Mammal Hearing previous guidance and have constraints potential takes of marine mammal by that preclude the recalculation of take Level A harassment. The results show On August 4, 2016, NMFS released its estimates, as well as where the action is that given the brief duration of the NEG Technical Guidance for Assessing the operations, NEG Port maintenance, and Effects of Anthropogenic Sound on in the agency’s decision-making pipeline. In that Notice, we included a Algonquin Pipeline Lateral repair Marine Mammal Hearing (Guidance). activities, no marine mammals would be This new guidance established new non-exhaustive list of factors that would inform the most appropriate approach exposed to received noise levels that thresholds for predicting auditory would cause auditory injury. injury, which equates to Level A for considering the new Guidance, harassment under the MMPA. In the including: the scope of effects; how far Analysis and Determinations in the process the applicant has Federal Register notice (81 FR 51694), Negligible Impact NMFS explained the approach it would progressed; when the authorization is take during a transition period, wherein needed; the cost and complexity of the Negligible impact is ‘‘an impact we balance the need to consider this analysis; and the degree to which the resulting from the specified activity that new best available science with the fact guidance is expected to affect our cannot be reasonably expected to, and is that some applicants have already analysis. not reasonably likely to, adversely affect

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the species or stock through effects on Mitigation measures, such as controlled therefore will have a negligible impact annual rates of recruitment or survival’’ vessel speed, dedicated marine mammal on the affected marine mammal species (50 CFR 216.103). A negligible impact observers, and passive acoustic or stocks. finding is based on the lack of likely monitoring, will ensure that takes are Small Numbers adverse effects on annual rates of limited to Level B harassment and that recruitment or survival (i.e., population- these takes are minimized. In all cases, The requested takes represent less level effects). An estimate of the number the effects are expected to be short-term, than 3.6 percent of all populations or of Level B harassment takes, alone, is with no lasting biological consequence. stocks potentially impacted (see Table 4 not enough information on which to Of the 14 marine mammal species in this document). These authorized base an impact determination. In likely to occur in the action area, North take represent the maximum percentage addition to considering estimates of the Atlantic right, humpback, fin, and sei of each species or stock that could be number of marine mammals that might whales are listed as endangered under taken by behavioral harassment or TTS be ‘‘taken’’ through behavioral the ESA. These species are also (Level B harassment). The numbers of harassment, NMFS must consider other designated as ‘‘depleted’’ under the marine mammals authorized to be taken factors, such as the likely nature of any MMPA. None of the other species that are small proportions of the total responses (their intensity, duration, may occur in the project area are listed populations of the affected species or etc.), the context of any responses as threatened or endangered under the stocks. (critical reproductive time or location, ESA or designated as depleted under the Based on the analysis contained migration, etc.), as well as the number MMPA. herein of the likely effects of the and nature of estimated Level A The project area of the NEG and specified activity on marine mammals harassment takes, the number of Algonquin’s activities is a biologically and their habitat, and taking into estimated mortalities, effects on habitat, important area (BIA) for feeding for the consideration the implementation of the and the status of the species. North Atlantic right whale in February mitigation and monitoring measures, To avoid repetition, this introductory to April, humpback whale in March to NMFS finds that small numbers of discussion of our analyses applies to all December, fin whale year-round, and marine mammals will be taken relative the species listed in Table 4, given that minke whale in March to November to the populations of the affected the anticipated effects of NEG Port and (LaBrecque et al., 2015). However, as species or stocks. stated earlier, the NEG and Algonquin’s Pipeline Lateral operations, Impact on Availability of Affected action would only involve short maintenance, and repair activities on Species for Taking for Subsistence Uses marine mammals (taking into account duration of elevated noise levels. In the prescribed mitigation) are expected addition, based on prior monitoring There are no subsistence uses of to be relatively similar in nature. Where reports, on average NEG only had one marine mammals in the project area there are meaningful differences NEG delivery event per year, and this and, thus, no subsistence uses impacted between species or stocks, or groups of trend is likely to continue. Of note, by this action. Therefore, NMFS has species, in anticipated individual although we have analyzed the impact determined that the total taking of responses to activities, impact of of the authorized take on the stocks, the affected species or stocks would not expected take on the population due to actual impacts to these species from the have an unmitigable adverse impact on differences in population status, or Northeast Gateway’s operations would the availability of such species or stocks impacts on habitat, they are described likely be less than what are analyzed for taking for subsistence purposes. separately in the analysis below. here. There are no known important Endangered Species Act (ESA) No injuries or mortalities are areas for other species within the action anticipated to occur as a result of NEG area. Our November 18, 2013, Federal Port and Pipeline Lateral operations, Regarding adverse effects to marine Register notice of the proposed IHA maintenance, and repair activities, and mammal habitat, the major potential described the history and status of none are authorized. Additionally, impact would be the loss of prey due to Endangered Species Act (ESA) animals in the area are not expected to water intake for cooling during the NEG compliance for the NEG facility (78 FR incur hearing impairment (i.e., TTS or regasification process. Under the 69049). As explained in that notice, the PTS) or non-auditory physiological requested water-use scenario, it is biological opinions for construction and effects. The takes that are anticipated estimated that a dry-weight biomass of operation of the facility only analyzed and authorized are expected to be 916.5 kg of zooplankton per year impacts on ESA-listed species from limited to short-term Level B behavioral (including 9.2 kg of large piscivorous activities under the initial construction harassment. While NEG expects that fish) would be lost per year. The amount period and during operations, and did when the Port is under full operation, it of loss is minor relative to the total not take into consideration potential will receive up to 65 NEG shipments per biomass of the trophic level in impacts to marine mammals that could year, and would require 14 days for Massachusetts Bay. result from the subsequent NEG Port NEG Port maintenance and up to 40 Based on the analysis contained and Pipeline Lateral maintenance and days for planned and unplanned herein of the likely effects of the repair activities. In addition, NEG also Pipeline Lateral maintenance and specified activity on marine mammal revealed that significantly more water repair, schedules of NEG delivery would species and stocks and their habitat, and usage and vessel operating air emissions occur throughout the year, which taking into consideration the are needed from what was originally include seasons certain marine implementation of the prescribed evaluated for the NEG Port operation. mammals may not be present in the monitoring and mitigation measures, NMFS PR1 initiated consultation with area. NMFS finds that the total marine NMFS Greater Atlantic Region Fisheries Effects on marine mammals are mammal take from NEG and Office under section 7 of the ESA on the generally expected to be restricted to Algonquin’s NEG Port and Pipeline proposed issuance of an IHA to NEG avoidance of a limited area around Lateral operation, maintenance, and under section 101(a)(5)(D) of the MMPA NEG’s activities and short-term changes repair activities in Masschusetts Bay is for the activities that include increased in behavior, falling within the MMPA not expected to adversely the annual NEG Port and Pipeline Lateral definition of ‘‘Level B harassment.’’ rates of recruitment or survival, and maintenance and repair and water usage

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for the NEG Port operations this activity. DEPARTMENT OF COMMERCE that require emergency action under A Biological Opinion was issued on section 305(c) of the Magnuson-Stevens November 21, 2014, and concluded that National Oceanic and Atmospheric Act, provided the public has been the action may adversely affect but is Administration notified of the Council’s intent to take not likely to jeopardize the continued RIN 0648–XF134 final action to address the emergency. existence of ESA-listed right, Special Accommodations humpback, fin, and sei whales. New England Fishery Management Council; Public Meeting This meeting is physically accessible NMFS’ Permits and Conservation to people with disabilities. Requests for Division has determined that the AGENCY: National Marine Fisheries sign language interpretation or other activities described in here are the same Service (NMFS), National Oceanic and auxiliary aids should be directed to as those analyzed in the November 21, Atmospheric Administration (NOAA), Thomas A. Nies, Executive Director, at 2014, Biological Opinion. Therefore, a Commerce. (978) 465–0492, at least 5 days prior to new consultation is not required for ACTION: Notice; public meeting. the meeting date. issuance of this IHA. Authority: 16 U.S.C. 1801 et seq. SUMMARY: The New England Fishery National Environmental Policy Act Management Council (Council) is Dated: January 3, 2017. scheduling a public meeting of its Jeffrey N. Lonergan, MARAD and the USCG released a Recreational Advisory Panel to consider Acting Deputy Director, Office of Sustainable Final EIS/Environmental Impact Report actions affecting New England fisheries Fisheries, National Marine Fisheries Service. (EIR) for the proposed NEG Port and in the exclusive economic zone (EEZ). [FR Doc. 2017–00048 Filed 1–5–17; 8:45 am] Pipeline Lateral. NMFS was a Recommendations from this group will BILLING CODE 3510–22–P cooperating agency (as defined by the be brought to the full Council for formal Council on Environmental Quality (40 consideration and action, if appropriate. CFR 1501.6)) in the preparation of the DATES: This meeting will be held on DEPARTMENT OF COMMERCE Draft and Final EISs. NMFS reviewed Wednesday, January 18, 2017, from 1:30 National Oceanic and Atmospheric the Final EIS and adopted it on May 4, p.m. to 5:30 p.m. 2007. NMFS issued a separate Record of Administration ADDRESSES: The meeting will be held at Decision for issuance of authorizations the Hilton Garden Inn, 5 Park Street, RIN 0648–XF125 pursuant to section 101(a)(5) of the Freeport, ME 04032; telephone: (207) Mid-Atlantic Fishery Management MMPA for the construction and 865–1433. Council (MAFMC); Public Meeting operation of the NEG Port Facility in Council address: New England Massachusetts Bay. Fishery Management Council, 50 Water AGENCY: National Marine Fisheries We have reviewed the NEG’s Street, Mill 2, Newburyport, MA 01950. Service (NMFS), National Oceanic and application for a renewed IHA for FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), ongoing activities for 2015–16 and the Thomas A. Nies, Executive Director, Commerce. 2014–15 monitoring report. Based on New England Fishery Management ACTION: Notice; public meeting. that review, we have determined that Council; telephone: (978) 465–0492. SUMMARY: The Mid-Atlantic Fishery the action is very similar to that SUPPLEMENTARY INFORMATION: considered in the previous IHA. In Management Council’s (MAFMC’s) Agenda Summer Flounder, Scup, and Black Sea addition, no significant new Bass Monitoring Committee (MC) will circumstances or information relevant to The Recreational Advisory Panel hold a public meeting. environmental concerns have been plans to discuss Fishing Year (FY) 2017 DATES: The meeting will be held on identified. Thus, we have determined Recreational Measures for Gulf of Maine Thursday, January 26, 2017, from 10 that the preparation of a new or cod and haddock. They will also receive a.m. to 5 p.m. For agenda details, see supplemental NEPA document is not an overview of recent recreational catch SUPPLEMENTARY INFORMATION. necessary. and effort data. The Panel will also discuss results from the bioeconomic ADDRESSES: The meeting will be held at Authorization model to evaluate options for the Royal Sonesta Harbor Court, 550 management measures. They will make Light St, Baltimore, MD 21202; As a result of these determinations, recommendations to the Groundfish telephone: (410) 234–0550. NMFS has issued an IHA to Northeast Committee on FY 2017 recreational Council address: Mid-Atlantic Fishery Gateway and Algonquin for activities measures for Gulf of Maine cod and Management Council, 800 N. State associated with Northeast Gateway’s haddock. The Panel also plans to Street, Suite 201, Dover, DE 19901; NEG Port and Algonquin’s Pipeline receive an overview and discuss the telephone: (302) 674–2331 or on their Lateral operations and maintenance and Council’s 2017 Groundfish Priorities Web site at www.mafmc.org. repair activities in the Massachusetts and make recommendations to the FOR FURTHER INFORMATION CONTACT: Bay, which also includes the mitigation, Groundfish Committee, as appropriate. Christopher M. Moore, Ph.D., Executive monitoring, and reporting requirements Other business will be discussed as Director, Mid-Atlantic Fishery described in this Notice. necessary. Management Council, telephone: (302) 526–5255. Dated: December 28, 2016. Although non-emergency issues not contained in this agenda may come SUPPLEMENTARY INFORMATION: The Donna Wieting, before this group for discussion, those Summer Flounder, Scup, and Black Sea Director, Office of Protected Resources, issues may not be the subject of formal Bass Monitoring Committee will meet to National Marine Fisheries Service. action during this meeting. Action will develop recommendations for [FR Doc. 2016–31948 Filed 1–5–17; 8:45 am] be restricted to those issues specifically commercial and recreational Annual BILLING CODE 3510–22–P listed in this notice and any issues Catch Limits (ACLs) and Annual Catch arising after publication of this notice Targets (ACTs) for black sea bass for

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