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consultation under section 7 of the ESA SUPPLEMENTARY INFORMATION: The (Garden State) for authorization to take is not required for this action. SEDAR Steering Committee provides marine incidental to marine guidance and oversight of the SEDAR site characterization surveys offshore of Authorization stock assessment program and manages Delaware and New Jersey in the area of NMFS has issued an IHA to the ACOE assessment scheduling. The items of the Commercial Lease of Submerged for the potential harassment of small discussion for this meeting are as Lands for Renewable Energy numbers of three marine follows: Development on the Outer Continental species incidental to the Port San Luis 1. SEDAR Projects Update Shelf (OCS–A 0482) and along potential Breakwater Repair project in Avila 2. SEDAR Projects Schedule export cable routes to landfall locations Beach, provided the previously 3. SEDAR Process Review and in Delaware and New Jersey. Pursuant mentioned mitigation, monitoring, and Discussions to the Protection Act reporting requirements are incorporated. 4. Other Business (MMPA), NMFS is requesting comments Dated: April 21, 2021. Although non-emergency issues not on its proposal to issue an incidental Catherine Marzin, contained in this agenda may come harassment authorization (IHA) to incidentally take marine mammals Acting Director, Office of Protected Resources, before this group for discussion, those National Marine Fisheries Service. issues may not be the subject of formal during the specified activities. NMFS is action during this meeting. Action will also requesting comments on a possible [FR Doc. 2021–08671 Filed 4–26–21; 8:45 am] one-time one-year renewal that could be BILLING CODE 3510–22–P be restricted to those issues specifically identified in this notice and any issues issued under certain circumstances and arising after publication of this notice if all requirements are met, as described DEPARTMENT OF COMMERCE that require emergency action under in Request for Public Comments at the section 305(c) of the Magnuson-Stevens end of this notice. NMFS will consider National Oceanic and Atmospheric Fishery Conservation and Management public comments prior to making any Administration Act, provided the public has been final decision on the issuance of the requested MMPA authorizations and [RTID 0648–XB017] notified of the intent to take final action to address the emergency. agency responses will be summarized in the final notice of our decision. Fisheries of the South Atlantic, Gulf of Special Accommodations Mexico, and Caribbean; Southeast DATES: Comments and information must Data, Assessment, and Review This meeting is accessible to people be received no later than May 27, 2021. (SEDAR); Public Meeting with disabilities. Requests for auxiliary ADDRESSES: Comments should be aids should be directed to the SAFMC addressed to Jolie Harrison, Chief, AGENCY: National Marine Fisheries office (see ADDRESSES) at least 5 Permits and Conservation Division, Service (NMFS), National Oceanic and business days prior to the meeting. Office of Protected Resources, National Atmospheric Administration (NOAA), Note: The times and sequence Marine Fisheries Service. Written Commerce. specified in this agenda are subject to comments should be submitted via ACTION: Notice of a public meeting. change. email to [email protected]. Authority: 16 U.S.C. 1801 et seq. Instructions: NMFS is not responsible SUMMARY: The SEDAR Steering for comments sent by any other method, Committee will meet via webinar to Dated: April 22, 2021. to any other address or individual, or discuss the SEDAR stock assessment Tracey L. Thompson, received after the end of the comment process and assessment schedule. See Acting Deputy Director, Office of Sustainable period. Comments, including all SUPPLEMENTARY INFORMATION. Fisheries, National Marine Fisheries Service. attachments, must not exceed a 25- DATES: The SEDAR Steering Committee [FR Doc. 2021–08763 Filed 4–26–21; 8:45 am] megabyte file size. All comments will meet via webinar on Thursday, May BILLING CODE 3510–22–P received are a part of the public record 13, 2021, from 9 a.m. to 5 p.m. Eastern. and will generally be posted online at ADDRESSES: www.fisheries.noaa.gov/permit/ Meeting address: The meeting will be DEPARTMENT OF COMMERCE incidental-take-authorizations-under- held via webinar. The webinar is open marine-mammal-protection-act without to members of the public. Those National Oceanic and Atmospheric change. All personal identifying interested in participating should Administration information (e.g., name, address) contact Julie Neer (see FOR FURTHER [RTID 0648–XB011] voluntarily submitted by the commenter INFORMATION CONTACT below) to request may be publicly accessible. Do not an invitation providing webinar access Takes of Marine Mammals Incidental to submit confidential business information. Please request webinar Specified Activities; Taking Marine information or otherwise sensitive or invitations at least 24 hours in advance Mammals Incidental to Marine Site protected information. of each webinar. Characterization Surveys Off of FOR FURTHER INFORMATION CONTACT: SEDAR address: South Atlantic Delaware and New Jersey Carter Esch, Office of Protected Fishery Management Council, 4055 AGENCY: National Marine Fisheries Resources, NMFS, (301) 427–8421. Faber Place Drive, Suite 201, N Service (NMFS), National Oceanic and Electronic copies of the application and Charleston, SC 29405. Atmospheric Administration (NOAA), supporting documents, as well as a list www.sedarweb.org. Commerce. of the references cited in this document, may be obtained online at: https:// FOR FURTHER INFORMATION CONTACT: Julie ACTION: Notice; proposed incidental A. Neer, SEDAR Program Manager, 4055 harassment authorization; request for www.fisheries.noaa.gov/permit/ Faber Place Drive, Suite 201, North comments on proposed authorization incidental-take-authorizations-under- Charleston, SC 29405; phone: (843) 571– and possible renewal. marine-mammal-protection-act. In case 4366 or toll free: (866) SAFMC–10; fax: of problems accessing these documents, (843) 769–4520; email: Julie.neer@ SUMMARY: NMFS has received a request please call the contact listed above. safmc.net. from Garden State Offshore Energy, LLC SUPPLEMENTARY INFORMATION:

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Background anticipated serious injury or mortality) The purpose of the marine site The MMPA prohibits the ‘‘take’’ of of the Companion Manual for NOAA characterization surveys are to obtain a marine mammals, with certain Administrative 216–6A, which do baseline assessment of seabed exceptions. Sections 101(a)(5)(A) and not individually or cumulatively have (geophysical, geotechnical, and (D) of the MMPA (16 U.S.C. 1361 et the potential for significant impacts on geohazard), ecological, and seq.) direct the Secretary of Commerce the quality of the human environment archeological conditions within the (as delegated to NMFS) to allow, upon and for which NMFS have not identified footprint of offshore wind facility request, the incidental, but not any extraordinary circumstances that development. Surveys are also intentional, taking of small numbers of would preclude this categorical conducted to support engineering marine mammals by U.S. citizens who exclusion. Accordingly, NMFS has design and to map unexploded engage in a specified activity (other than preliminarily determined that the ordnances. Underwater sound resulting commercial fishing) within a specified issuance of the proposed IHA qualifies from Garden State’s proposed site geographical region if certain findings to be categorically excluded from characterization survey activities, are made and either regulations are further NEPA review. specifically HRG surveys, has the issued or, if the taking is limited to NMFS will review all comments potential to result in incidental take of harassment, a notice of a proposed submitted in response to this notice marine mammals in the form of Level B incidental take authorization may be prior to concluding our NEPA process harassment. provided to the public for review. or making a final decision on the IHA Dates and Duration Authorization for incidental takings request. shall be granted if NMFS finds that the Summary of Request The estimated duration of HRG survey taking will have a negligible impact on activity is expected to be up to 350 the species or stock(s) and will not have On November 2, 2020, NMFS received survey days over the course of a single an unmitigable adverse impact on the a request from Garden State for an IHA year (‘‘survey day’’ defined as a 24-hour availability of the species or stock(s) for to take marine mammals incidental to (hr) activity period), with 200 vessel taking for subsistence uses (where marine site characterization surveys survey days expected in the Lease Area relevant). Further, NMFS must prescribe offshore of Delaware and New Jersey in and 150 vessel survey days expected in the permissible methods of taking and the area of the Commercial Lease of the ECR area. This schedule is based on other ‘‘means of effecting the least Submerged Lands for Renewable Energy 24-hour operations and includes practicable adverse impact’’ on the Development on the Outer Continental potential down time due to inclement affected species or stocks and their Shelf (OCS–A 0482) and along potential weather. Although some shallow-water habitat, paying particular attention to export cable routes (ECRs) to a landfall locations may be surveyed by smaller rookeries, mating grounds, and areas of location in Delaware and New Jersey. vessels during daylight hours only, the similar significance, and on the Following NMFS’ review of the draft estimated number of survey days availability of the species or stocks for application, a revised version was assumes uniform 24-hr operations. taking for certain subsistence uses submitted on March 30, 2021. The Garden State proposes to start survey (referred to in shorthand as application was deemed adequate and activity as soon as possible in spring ‘‘mitigation’’); and requirements complete on April 5, 2021. Garden 2021. The IHA would be effective for pertaining to the mitigation, monitoring State’s request is for take of a small one year from the date of issuance. and reporting of the takings are set forth. number of 16 species of marine The definitions of all applicable mammals by Level B harassment only. Specific Geographic Region MMPA statutory terms cited above are Neither Garden State nor NMFS expects included in the relevant sections below. The proposed survey activities will serious injury or mortality to result from occur within the Project Area which National Environmental Policy Act this activity and, therefore, an IHA is includes the Lease Area and potential appropriate. To comply with the National ECRs to landfall locations, as shown in Environmental Policy Act of 1969 Description of Proposed Activity Figure 1. The Lease Area is approximately 284 square kilometers (NEPA; 42 U.S.C. 4321 et seq.) and Overview NOAA Administrative Order (NAO) (km2) and is within the Delaware Wind 216–6A, NMFS must review our As part of its overall marine site Energy Area (WEA) of the Bureau of proposed action (i.e., the issuance of an characterization survey operations, Ocean Energy Management (BOEM) IHA) with respect to potential impacts Garden State proposes to conduct high- Mid-Atlantic planning area. Water on the human environment. resolution geophysical (HRG) surveys in depths in the Lease Area range from 15 This action is consistent with the Lease Area and along potential ECRs meters (m) to 30 m. Water depths in the categories of activities identified in to landfall locations in Delaware and ECR area extend from the shoreline to Categorical Exclusion B4 (IHAs with no New Jersey. approximately 30 m.

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0 10 20 40 Miles ~s,-:wos 1984UTM z_, 1811 n

Figure 1. Site Characterization Survey Location, Including the Lease Area and Potential ECRs

Detailed Description of Specific Activity be engaged in HRG surveying activities typical daily downtime due to weather, during Garden State’s overall site system malfunctions, etc.) Garden State Garden State proposed to conduct characterization efforts with up to two assumes 70 km as the average daily HRG survey operations, including working concurrently in the Lease Area distance. On this basis, a total of 350 multibeam depth sounding, seafloor and one vessel working in the ECR area. survey days (200 survey days in the imaging, and shallow and medium Garden State assumes that HRG survey Lease Area and 150 survey days in the penetration sub-bottom profiling. The operations would be conducted 24 ECR area) are expected. In certain HRG surveys may be conducted using hours per day, with an assumed daily shallow-water areas, vessels may any or all of the following equipment survey distance of 70 km. Vessels would conduct survey effort during daylight types: Side scan sonar, multibeam generally conduct survey effort at a hours only, with a corresponding echosounder, magnetometers and transit speed of approximately 4 knots assumption that the daily survey gradiometers, parametric sub-bottom (kn), which equates to 110 km per 24- distance would be halved (35 km). profiler (SBP), CHIRP SBP, boomers, or hr period. However, based on past However, for purposes of analysis all sparkers. As many as three vessels may survey experience (i.e., knowledge of survey days are assumed to cover the

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maximum 70 km. A maximum of two further beyond the brief summaries two-component system with a pole- vessels would operate concurrently in provided below. mounted transceiver and one or several the Lease Area, with an additional third • Non-impulsive, parametric SBPs are transponders mounted on other survey vessel surveying the ECRs. used for providing high data density in equipment. USBLs are expected to Acoustic sources planned for use sub-bottom profiles that are typically produce extremely small acoustic during HRG survey activities proposed required for cable routes, very shallow propagation distances in their typical by Garden State include the following: water, and archaeological surveys. operating configuration. • These sources generate short, very • Multibeam echosounders (MBESs) Shallow penetration, non- ° ° impulsive, non-parametric SBPs (i.e., narrow-beam (1 to 3.5 ) signals at high are used to determine water depths and CHIRP SBPs) are used to map the near- frequencies (generally around 85–100 general bottom topography. The surface stratigraphy (top 0 to 10 m) of kHz). The narrow beamwidth proposed MBESs all have operating sediment below seabed. A CHIRP significantly reduces the potential that a frequencies >180 kHz and are therefore system emits signals covering a marine mammal could be exposed to the outside the general hearing range of frequency sweep from approximately 2 signal, while the high frequency of marine mammals. operation means that the signal is to 20 kHz over time. The frequency • Side scan sonars (SSS) are used for rapidly attenuated in seawater. These range can be adjusted to meet project seabed sediment classification purposes sources are typically deployed on a pole variables. These sources are typically and to identify natural and man-made rather than towed behind the vessel. mounted on a pole rather than towed, • Acoustic corers are seabed-mounted acoustic targets on the seafloor. The reducing the likelihood that an sources with three distinct sound proposed SSSs all have operating would be exposed to the signal. sources: A high-frequency parametric frequencies >180 kHz and are therefore • Medium penetration, impulsive sonar, a high-frequency CHIRP sonar, outside the general hearing range of sources (i.e., boomers and sparkers) are and a low-frequency CHIRP sonar. The marine mammals. used to map deeper subsurface beamwidth is narrow (3.5° to 8°) and the Table 1 identifies representative stratigraphy. A boomer is a broadband source is operated roughly 3.5 m above survey equipment with the expected source operating in the 3.5 Hz to 10 kHz the seabed with the transducer pointed potential to result in exposure of marine frequency range. Sparkers create directly downward. mammals and potentially result in take. omnidirectional acoustic pulses from 50 • Ultra-short baseline (USBL) The make and model of the listed Hz to 4 kHz. These sources are typically positioning systems are used to provide geophysical equipment may vary towed behind the vessel. high accuracy ranges by measuring the depending on availability and the final Operation of the following survey time between the acoustic pulses equipment choices will vary depending equipment types is not reasonably transmitted by the vessel transceiver upon the final survey design, vessel expected to result in take of marine and a transponder (or beacon) necessary availability, and survey contractor mammals and will not be discussed to produce the acoustic profile. It is a selection. TABLE 1—SUMMARY OF REPRESENTATIVE HRG SURVEY EQUIPMENT

Pulse Operating SLrms SL0–pk Repetition CF = Crocker and Equipment Acoustic source type frequency (dB re 1 (dB re 1 duration rate Beamwidth Fratantonio (2016) μ μ (width) (degrees) (kHz) Pa m) Pa m) (millisecond) (Hz) MAN = Manufacturer

Non-impulsive, Non-parametric, Shallow Sub-bottom Profilers (CHIRP Sonars)

ET 216 (2000DS or Non-impulsive, mobile, 2–16 195 - 20 6 24 MAN. 3200 top unit). intermittent. 2–8 ET 424 ...... Non-impulsive, mobile, 4–24 176 - 3.4 2 71 CF. intermittent. ET 512 ...... Non-impulsive, mobile, 0.7–12 179 - 9 8 80 CF. intermittent. GeoPulse 5430A ...... Non-impulsive, mobile, 2–17 196 - 50 10 55 MAN. intermittent. Teledyne Benthos Non-impulsive, mobile, 2–7 197 - 60 15 100 MAN. Chirp III—TTV 170. intermittent.

Impulsive, Medium Sub-bottom Profilers (Sparkers & Boomers)

AA, Dura-spark UHD Impulsive, mobile ...... 0.3–1.2 203 211 1.1 4 Omni CF. (400 tips, 500 J) 1. AA, Dura-spark UHD Impulsive, mobile ...... 0.3–1.2 203 211 1.1 4 Omni CF (AA Dura-spark (400+400) 1. UHD Proxy). GeoMarine, Geo- Impulsive, mobile ...... 0.4–5 203 211 1.1 2 Omni. CF (AA Dura-spark Source dual 400 tip UHD Proxy) sparker (800 J) 1. GeoMarine Geo-Source Impulsive, mobile ...... 0.3–1.2 203 211 1.1 4 Omni CF (AA Dura-spark 200 tip sparker (400 UHD Proxy). J) 1. GeoMarine Geo-Source Impulsive, mobile ...... 0.3–1.2 203 211 1.1 4 Omni CF (AA Dura-spark 200–400 tip light UHD Proxy). weight sparker (400 J) 1. GeoMarine Geo-Source Impulsive, mobile ...... 0.3–1.2 203 211 1.1 4 Omni CF (AA Dura-spark 200–400 tip fresh- UHD Proxy). water sparker (400 J) 1.

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TABLE 1—SUMMARY OF REPRESENTATIVE HRG SURVEY EQUIPMENT—Continued

Pulse Operating SLrms SL0–pk duration Repetition Beamwidth CF = Crocker and Equipment Acoustic source type frequency (dB re 1 (dB re 1 rate Fratantonio (2016) μ μ (width) (degrees) (kHz) Pa m) Pa m) (millisecond) (Hz) MAN = Manufacturer

AA, triple plate S-Boom Impulsive, mobile ...... 0.1–5 205 211 0.6 4 80 CF. (700–1,000 J) 2. I I I I I I I - = not applicable; NR = not reported; μPa = micropascal; AA = Applied Acoustics; dB = decibel; ET = EdgeTech; HF = high-frequency; J = joule; LF = low-fre- quency; Omni = omnidirectional source; re = referenced to; PK = zero-to-peak sound pressure level; SL = source level; SPL = root-mean-square sound pressure level; UHD = ultra-high definition; WFA = weighting factor adjustments. 1 The Dura-spark measurements and specifications provided in Crocker and Fratantonio (2016) were used for all sparker systems proposed for the survey. The data provided in Crocker and Fratantonio (2016) represent the most applicable data for similar sparker systems with comparable operating methods and settings when manufacturer or other reliable measurements are not available. 2 Crocker and Fratantonio (2016) provide S-Boom measurements using two different power sources (CSP–D700 and CSP–N). The CSP–D700 power source was used in the 700 J measurements but not in the 1,000 J measurements. The CSP–N source was measured for both 700 J and 1,000 J operations but resulted in a lower SL; therefore, the single maximum SL value was used for both operational levels of the S-Boom.

Proposed mitigation, monitoring, and website (https:// as gross indicators of the status of the reporting measures are described in www.fisheries.noaa.gov/find-species). species and other threats. detail later in this document (please see Table 2 lists all species or stocks for Marine mammal abundance estimates Proposed Mitigation and Proposed which take is expected and proposed to presented in this document represent Monitoring and Reporting). be authorized for this action, and the total number of individuals that make up a given stock or the total summarizes information related to the Description of Marine Mammals in the number estimated within a particular population or stock, including Area of Specified Activities study or survey area. NMFS’ stock regulatory status under the MMPA and abundance estimates for most species Sections 3 and 4 of the application Endangered Species Act (ESA) and represent the total estimate of summarize available information potential biological removal (PBR), individuals within the geographic area, regarding status and trends, distribution where known. For , NMFS if known, that comprises that stock. For and habitat preferences, and behavior follows the Committee on Taxonomy some species, this geographic area may and life history, of the potentially (2020). PBR is defined by the MMPA as extend beyond U.S. waters. All managed affected species. Additional information the maximum number of , not stocks in this region are assessed in regarding population trends and threats including natural mortalities, that may NMFS’ U.S. Atlantic and Gulf of Mexico may be found in NMFS’ Stock be removed from a marine mammal SARs. All values presented in Table 2 Assessment Reports (SARs; https:// stock while allowing that stock to reach are the most recent available at the time www.fisheries.noaa.gov/national/ or maintain its optimum sustainable of publication and are available in the marine-mammal-protection/marine- population (as described in NMFS’ 2019 SARs (Hayes et al., 2020) and draft mammal-stock-assessments) and more SARs). While no mortality is anticipated 2020 SARS available at: https:// general information about these species or authorized here, PBR and annual www.fisheries.noaa.gov/national/ (e.g., physical and behavioral serious injury and mortality from marine-mammal-protection/marine- descriptions) may be found on NMFS’ anthropogenic sources are included here mammal-stock-assessment-reports. TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE AFFECTED BY GARDEN STATE’S ACTIVITY

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 I (Y/N) 1 I I I Order Cetartiodactyla——Superfamily Mysticeti ( )

Family Balaenidae: North Atlantic right Eubalaena glacialis ...... Western North Atlantic ...... E/D; Y 412 (0; 408; 2018) ...... 0.8 18.6 Family Balaenopteridae (): ...... Megaptera novaeangliae ...... Gulf of Maine ...... -/-; Y 1,393 (0; 1,375; 2016) ...... 22 58 ...... physalus ...... Western North Atlantic ...... E/D; Y 6,802 (0.24; 5,573; 2016) .... 11 2.35 ...... Balaenoptera borealis ...... Nova Scotia ...... E/D; Y 6,292 (1.015; 3,098; See 6.2 1.2 SAR). ...... Balaenoptera acutorostrata .. Canadian East Coast ...... -/-; N 21,968 (0.31; 17,002; 2016) 170 10.6

Superfamily Odontoceti (toothed whales, , and )

Family Physeteridae: ...... Physeter macrocephalus ...... NA ...... E; Y 4,349 (0.28; 3,451; See 3.9 0 SAR). Family Delphinidae: Long-finned .. Globicephala melas ...... Western North Atlantic ...... -/-; N 39,215 (0.30; 30,627; See 306 21 SAR). Short finned pilot whale Globicephala macrorhynchus Western North Atlantic ...... -/-;Y 28,924 (0.24; 23,637; See 236 160 SAR).

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TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE AFFECTED BY GARDEN STATE’S ACTIVITY—Continued

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Bottlenose ...... Tursiops truncatus ...... Western North Atlantic Off- -/-N 62,851 (0.23; 51,914; See 519 28 shore. -/-;Y SAR). 48 12.2–21.5 W.N.A. Northern Migratory 6,639 (0.41; 4,759, 2016) .... Coastal. ...... Delphinus delphis ...... Western North Atlantic ...... -/-; N 172,947 (0.21; 145,216; 1,452 399 2016). Atlantic white-sided dol- acutus ...... Western North Atlantic ...... -/-; N 93,233 (0.71; 54,443; See 544 26 phin. SAR). Atlantic .. frontalis ...... Western North Atlantic ...... -/-; N 39,921 (0.27; 32,032; 2012) 320 0 Risso’s dolphin ...... Grampus griseus ...... Western North Atlantic ...... -/-; N 35,493 (0.19; 30,289; See 303 54.3 SAR). Family Phocoenidae (por- poises): Harbor ...... phocoena ...... Gulf of Maine/Bay of Fundy -/-; N 95,543 (0.31; 74,034; See 851 217 SAR).

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals): Gray seal 4 ...... Halichoerus grypus ...... Western North Atlantic ...... -/-; N 27,131 (0.19; 23,158, 2016) 1,389 4,729 Harbor seal ...... Phoca vitulina ...... Western North Atlantic ...... -/-; N 75,834 (0.15; 66,884, 2018) 2,006 350 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as de- pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 The NMFS stock abundance estimate applies to U.S. population only, however the actual stock abundance is approximately 451,431.

As indicated above, all 16 species during the UME and more accurately calving grounds. A portion of one SMA, (with 17 managed stocks) in Table 2 reflect the population impacts. More which occurs off the mouth of Delaware temporally and spatially co-occur with information is available online at: Bay, overlaps spatially with a section of the activity to the degree that take is www.fisheries.noaa.gov/national/ the proposed survey area. The SMA reasonably likely to occur. In addition to marine-life-distress/2017–2021-north- which occurs off the mouth of Delaware what is included in Sections 3 and 4 of atlantic-right-whale-unusual-mortality- Bay is active from November 1 through the application, the SARs, and NMFS’ event. April 30 of each year. website, further detail informing the The proposed survey area is part of a Humpback Whale baseline for select species (i.e., migratory corridor Biologically information regarding current Unusual Important Area (BIA) for North Atlantic Following a NMFS evaluation of the Mortality Events (UME) and important right whales (effective March–April and status of the species, on September 8, habitat areas) is provided below. November–December) that extends from 2016, NMFS identified 14 distinct Massachusetts to Florida (LeBrecque et population segments (DPS) of North Atlantic al., 2015). Off the coast of New Jersey, humpback whales, and listed four DPSs Elevated North Atlantic right whale the migratory BIA extends from the as endangered and one DPS as mortalities have occurred since June 7, coast to beyond the shelf break. This threatened (81 FR 62260; September 8, 2017, along the U.S. and Canadian important migratory area is 2016). The remaining nine DPSs were coast. This event has been declared an approximately 269,488 km2 in size not listed. The West Indies DPS, which UME, with human interactions, (compared with the approximately is not listed under the ESA, is the only including entanglement in fixed fishing 6,930 km2 of total estimated Level B DPS of humpback whale that is gear and vessel strikes, implicated in at harassment ensonified area associated expected to occur in the survey area. least 15 of the mortalities thus far. As of with the 350 planned survey days) and Bettridge et al. (2015) estimated the size April 16, 2021, a total of 34 confirmed is comprised of the waters of the of this population at 12,312 (95 percent dead stranded whales (21 in Canada; 13 continental shelf offshore the East Coast CI 8,688–15,954) whales in 2004–05, in the United States) have been of the United States, extending from which is consistent with previous documented. The cumulative total Florida through Massachusetts. NMFS’ population estimates of approximately number of animals in the North Atlantic regulations at 50 CFR part 224.105 10,000–11,000 whales (Stevick et al., right whale UME has been updated to designated nearshore waters of the Mid- 2003; Smith et al., 1999) and the 49 individuals to include both the Atlantic Bight as Mid-Atlantic U.S. increasing trend for the West Indies DPS confirmed mortalities (dead stranded or Seasonal Management Areas (SMA) for (Bettridge et al., 2015). Whales floaters) (n=34) and seriously injured right whales in 2008. SMAs were occurring in the survey area are free-swimming whales (n=15) to better developed to reduce the threat of considered to be from the West Indies reflect the confirmed number of whales collisions between ships and right DPS, but are not necessarily from the likely removed from the population whales around their migratory route and Gulf of Maine feeding population

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managed as a stock by NMFS. Barco et several of the whales have shown 2020-pinniped-unusual-mortality-event- al. (2002) estimated that, based on evidence of human interactions or along. photo-identification, only 39 percent of infectious disease, but these findings are Marine Mammal Hearing individual humpback whales observed not consistent across all of the whales along the mid- and south Atlantic U.S. examined, so more research is needed. Hearing is the most important sensory coast are from the Gulf of Maine stock. More information is available at: modality for marine mammals Since January 2016, elevated www.fisheries.noaa.gov/national/ underwater, and exposure to humpback whale mortalities have marine-life-distress/2017–2021-minke- anthropogenic sound can have occurred along the Atlantic coast from whale-unusual-mortality-event-along- deleterious effects. To appropriately Maine to Florida. Partial or full atlantic-coast. assess the potential effects of exposure necropsy examinations have been to sound, it is necessary to understand conducted on approximately half of the Seals the frequency ranges marine mammals 147 known cases (as of March 8, 2021). are able to hear. Current data indicate Since July 2018, elevated numbers of Of the whales examined, about 50 that not all marine mammal species harbor seal and gray seal mortalities percent had evidence of human have equal hearing capabilities (e.g., have occurred across Maine, New interaction, either ship strike or Richardson et al., 1995; Wartzok and Hampshire and Massachusetts. This entanglement. While a portion of the Ketten, 1999; Au and Hastings, 2008). whales have shown evidence of pre- event has been declared a UME. To reflect this, Southall et al. (2007) mortem vessel strike, this finding is not Additionally, stranded seals have recommended that marine mammals be consistent across all whales examined shown clinical signs as far south as divided into functional hearing groups and more research is needed. NOAA is Virginia, although not in elevated based on directly measured or estimated consulting with researchers that are numbers, therefore the UME hearing ranges on the basis of available conducting studies on the humpback investigation now encompasses all seal behavioral response data, audiograms whale populations, and these efforts strandings from Maine to Virginia. Ice derived using auditory evoked potential may provide information on changes in seals (harp and hooded seals) have also techniques, anatomical modeling, and whale distribution and habitat use that started stranding with clinical signs, other data. Note that no direct could provide additional insight into again not in elevated numbers, and measurements of hearing ability have how these vessel interactions occurred. those two seal species have also been been successfully completed for More information is available at: added to the UME investigation. A total mysticetes (i.e., low-frequency www.fisheries.noaa.gov/national/ of 3,152 reported strandings (of all cetaceans). Subsequently, NMFS (2018) marine-life-distress/2016–2021- species) had occurred from July 1, 2018, described generalized hearing ranges for humpback-whale-unusual-mortality- through March 13, 2020. Full or partial these marine mammal hearing groups. event-along-atlantic-coast. necropsy examinations have been Generalized hearing ranges were chosen conducted on some of the seals and based on the approximately 65 decibel Minke Whale samples have been collected for testing. (dB) threshold from the normalized Since January 2017, elevated minke Based on tests conducted thus far, the composite audiograms, with the whale mortalities have occurred along main pathogen found in the seals is exception for lower limits for low- the Atlantic coast from Maine through phocine distemper virus. NMFS is frequency cetaceans where the lower South Carolina, with a total of 105 performing additional testing to identify bound was deemed to be biologically strandings (as of April 16, 2021). This any other factors that may be involved implausible and the lower bound from event has been declared a UME. Full or in this UME. Information on this UME Southall et al. (2007) retained. Marine partial necropsy examinations were is available online at: mammal hearing groups and their conducted on more than 60 percent of www.fisheries.noaa.gov/new-england- associated hearing ranges are provided the whales. Preliminary findings in mid-atlantic/marine-life-distress/2018– in Table 3.

TABLE 3—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)

Hearing group Generalized hearing range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, , river dolphins, cephalorhynchid, Lagenorhynchus cruciger & 275 Hz to 160 kHz. L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing For more detail concerning these species that may be present, five are group was modified from Southall et al. groups and associated frequency ranges, classified as low-frequency cetaceans (2007) on the basis of data indicating please see NMFS (2018) for a review of (i.e., all mysticete species), eight are that phocid species have consistently available information. Sixteen marine classified as mid-frequency cetaceans demonstrated an extended frequency mammal species (14 cetacean and 2 (i.e., all delphinid species and the sperm range of hearing compared to otariids, pinniped (both phocid) species) have whale), and one is classified as a high- especially in the higher frequency range the reasonable potential to co-occur frequency cetacean (i.e., harbor (Hemila¨ et al., 2006; Kastelein et al., with the proposed survey activities. porpoise). 2009). Please refer to Table 2. Of the cetacean

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Potential Effects of Specified Activities using the relative unit of the decibel. A compressions and decompressions on Marine Mammals and Their Habitat sound pressure level (SPL) in dB is associated with sound waves are This section includes a summary and described as the ratio between a detected as changes in pressure by discussion of the ways that Garden measured pressure and a reference aquatic life and man-made sound State’s specified activity may impact pressure (for underwater sound, this is receptors such as hydrophones. Even in the absence of sound from the marine mammals and their habitat. 1 microPascal (mPa)), and is a specified activity, the underwater Detailed descriptions of the potential logarithmic unit that accounts for large environment is typically loud due to effects of similar specified activities variations in amplitude. Therefore, a ambient sound, which is defined as have been provided in other recent relatively small change in dB corresponds to large changes in sound environmental background sound levels Federal Register notices, including for pressure. The source level (SL) lacking a single source or point survey activities using the same represents the SPL referenced at a (Richardson et al., 1995). The sound methodology, over a similar amount of distance of 1 m from the source level of a region is defined by the total time, and occurring within the same (referenced to 1 mPa), while the received acoustical energy being generated by specified geographical region (e.g., 82 level is the SPL at the listener’s position known and unknown sources. These FR 20563, May 3, 2017; 85 FR 36537, (referenced to 1 mPa). sources may include physical (e.g., June 17, 2020; 85 FR 37848, June 24, Root mean square (rms) is the wind and waves, earthquakes, ice, 2020; 85 FR 48179, August 10, 2020). quadratic mean sound pressure over the atmospheric sound), biological (e.g., No significant new information is duration of an impulse. Root mean sounds produced by marine mammals, available, and we refer the reader to square is calculated by squaring all of fish, and invertebrates), and these documents rather than repeating the sound amplitudes, averaging the anthropogenic (e.g., vessels, dredging, the details here. The Estimated Take squares, and then taking the square root construction) sound. A number of section includes a quantitative analysis of the average (Urick, 1983). Root mean sources contribute to ambient sound, of the number of individuals that are square accounts for both positive and including wind and waves, which are a expected to be taken by Garden State’s negative values; squaring the pressures main source of naturally occurring activity. The Negligible Impact Analysis makes all values positive so that they ambient sound for frequencies between and Determination section considers the may be accounted for in the summation 200 Hz and 50 kHz (Mitson, 1995). In potential effects of the specified activity, of pressure levels (Hastings and Popper, general, ambient sound levels tend to the Estimated Take section, and the 2005). This measurement is often used increase with increasing wind speed Proposed Mitigation section, to draw in the context of discussing behavioral and wave height. Precipitation can conclusions regarding the likely impacts effects, in part because behavioral become an important component of total of these activities on the reproductive effects, which often result from auditory sound at frequencies above 500 Hz, and success or survivorship of individuals cues, may be better expressed through possibly down to 100 Hz during quiet and how those impacts on individuals averaged units than by peak pressures. times. Marine mammals can contribute are likely to impact marine mammal Sound exposure level (SEL; significantly to ambient sound levels, as species or stocks. represented as dB re 1 mPa2-s) represents can some fish and snapping shrimp. The Background on Active Acoustic Sound the total energy in a stated frequency frequency band for biological Sources and Acoustic Terminology band over a stated time interval or event contributions is from approximately 12 and considers both intensity and Hz to over 100 kHz. Sources of ambient This subsection contains a brief duration of exposure. The per-pulse SEL sound related to human activity include technical background on sound, on the is calculated over the time window transportation (surface vessels), characteristics of certain sound types, containing the entire pulse (i.e., 100 dredging and construction, oil and gas and on metrics used in this proposal percent of the acoustic energy). SEL is drilling and production, geophysical inasmuch as the information is relevant a cumulative metric; it can be surveys, sonar, and explosions. Vessel to the specified activity and to the accumulated over a single pulse, or noise typically dominates the total summary of the potential effects of the calculated over periods containing ambient sound for frequencies between specified activity on marine mammals. multiple pulses. Cumulative SEL 20 and 300 Hz. In general, the For general information on sound and represents the total energy accumulated frequencies of anthropogenic sounds are its interaction with the marine by a receiver over a defined time below 1 kHz and, if higher frequency environment, please see, e.g., Au and window or during an event. Peak sound sound levels are created, they attenuate Hastings (2008); Richardson et al. pressure (also referred to as zero-to-peak rapidly. (1995); Urick (1983). sound pressure or 0–pk) is the The sum of the various natural and Sound travels in waves, the basic maximum instantaneous sound pressure anthropogenic sound sources that components of which are frequency, measurable in the water at a specified comprise ambient sound at any given wavelength, velocity, and amplitude. distance from the source and is location and time depends not only on Frequency is the number of pressure represented in the same units as the rms the source levels (as determined by waves that pass by a reference point per sound pressure. current weather conditions and levels of unit of time and is measured in hertz or When underwater objects vibrate or biological and human activity) but also cycles per second. Wavelength is the activity occurs, sound-pressure waves on the ability of sound to propagate distance between two peaks or are created. These waves alternately through the environment. In turn, sound corresponding points of a sound wave compress and decompress the water as propagation is dependent on the (length of one cycle). Higher frequency the sound wave travels. Underwater spatially and temporally varying sounds have shorter wavelengths than sound waves radiate in a manner similar properties of the water column and sea lower frequency sounds, and typically to ripples on the surface of a pond and floor, and is frequency-dependent. As a attenuate (decrease) more rapidly, may be either directed in a beam or result of the dependence on a large except in certain cases in shallower beams or may radiate in all directions number of varying factors, ambient water. Amplitude is the height of the (omnidirectional sources), as is the case sound levels can be expected to vary sound pressure wave or the ‘‘loudness’’ for sound produced by the pile driving widely over both coarse and fine spatial of a sound and is typically described activity considered here. The and temporal scales. Sound levels at a

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given frequency and location can vary emitted from sparker sources is equal in more likely avoid a loud sound source by 10–20 dB from day to day all directions (i.e., omnidirectional), rather than swim in such close (Richardson et al., 1995). The result is while other sources planned for use proximity as to result in TTS. Kremser that, depending on the source type and during the proposed surveys have some et al. (2005) noted that the probability its intensity, sound from the specified degree of directionality to the beam, as of a cetacean swimming through the activity may be a negligible addition to specified in Table 1. Other sources area of exposure when a sub-bottom the local environment or could form a planned for use during the proposed profiler emits a pulse is small—because distinctive signal that may affect marine survey activity (e.g., CHIRP SBPs) if the animal was in the area, it would mammals. Details of source types are should be considered non-pulsed, have to pass the transducer at close described in the following text. intermittent sources. range in order to be subjected to sound Sounds are often considered to fall levels that could cause TTS and would into one of two general types: Pulsed Summary on Specific Potential Effects likely exhibit avoidance behavior to the and non-pulsed (defined in the of Acoustic Sound Sources following). The distinction between Underwater sound from active area near the transducer rather than these two sound types is important acoustic sources can include one or swim through at such a close range. because they have differing potential to more of the following impacts: Further, the restricted beam shape of cause physical effects, particularly with Temporary or permanent hearing many of HRG survey devices planned regard to hearing (e.g., Ward, 1997 in impairment, non-auditory physical or for use (Table 1) makes it unlikely that Southall et al., 2007). Please see physiological effects, behavioral an animal would be exposed more than Southall et al. (2007) for an in-depth disturbance, stress, and masking. The briefly during the passage of the vessel. discussion of these concepts. The degree of effect is intrinsically related to Behavioral disturbance may include a distinction between these two sound the signal characteristics, received level, variety of effects, including subtle types is not always obvious, as certain distance from the source, and duration changes in behavior (e.g., minor or brief signals share properties of both pulsed of the sound exposure. Marine avoidance of an area or changes in and non-pulsed sounds. A signal near a mammals exposed to high-intensity vocalizations), more conspicuous source could be categorized as a pulse, sound, or to lower-intensity sound for changes in similar behavioral activities, prolonged periods, can experience but due to propagation effects as it and more sustained and/or potentially hearing threshold shift (TS), which is moves farther from the source, the severe reactions, such as displacement the loss of hearing sensitivity at certain signal duration becomes longer (e.g., from or abandonment of high-quality Greene and Richardson, 1988). frequency ranges (Finneran, 2015). TS Pulsed sound sources (e.g., airguns, can be permanent (PTS), in which case habitat. Behavioral responses to sound explosions, gunshots, sonic booms, the loss of hearing sensitivity is not are highly variable and context-specific impact pile driving) produce signals fully recoverable, or temporary (TTS), in and any reactions depend on numerous that are brief (typically considered to be which case the animal’s hearing intrinsic and extrinsic factors (e.g., less than one second), broadband, atonal threshold would recover over time species, state of maturity, experience, transients (ANSI, 1986, 2005; Harris, (Southall et al., 2007). current activity, reproductive state, 1998; NIOSH, 1998; ISO, 2003) and Animals in the vicinity of Garden auditory sensitivity, time of day), as occur either as isolated events or State’s proposed HRG survey activity well as the interplay between factors. repeated in some succession. Pulsed are unlikely to incur even TTS due to Available studies show wide variation sounds are all characterized by a the characteristics of the sound sources, in response to underwater sound; relatively rapid rise from ambient which include relatively low source therefore, it is difficult to predict pressure to a maximal pressure value levels (176 to 205 dB re 1 mPa-m) and specifically how any given sound in a followed by a rapid decay period that generally very short pulses and particular instance might affect marine may include a period of diminishing, potential duration of exposure. These mammals perceiving the signal. oscillating maximal and minimal characteristics mean that instantaneous In addition, sound can disrupt pressures, and generally have an exposure is unlikely to cause TTS, as it behavior through masking, or interfering is unlikely that exposure would occur increased capacity to induce physical with, an animal’s ability to detect, close enough to the vessel for received injury as compared with sounds that recognize, or discriminate between levels to exceed peak pressure TTS lack these features. acoustic signals of interest (e.g., those Non-pulsed sounds can be tonal, criteria, and that the cumulative used for intraspecific communication narrowband, or broadband, brief or duration of exposure would be prolonged, and may be either insufficient to exceed cumulative SEL and social interactions, prey detection, continuous or intermittent (ANSI, 1995; criteria. Even for high-frequency predator avoidance, navigation). NIOSH, 1998). Some of these non- cetacean species (e.g., harbor porpoises), Masking occurs when the receipt of a pulsed sounds can be transient signals which have the greatest sensitivity to sound is interfered with by another of short duration but without the potential TTS, individuals would have coincident sound at similar frequencies essential properties of pulses (e.g., rapid to make a very close approach and also and at similar or higher intensity, and rise time). Examples of non-pulsed remain very close to vessels operating may occur whether the sound is natural sounds include those produced by these sources in order to receive (e.g., snapping shrimp, wind, waves, vessels, aircraft, machinery operations multiple exposures at relatively high precipitation) or anthropogenic (e.g., such as drilling or dredging, vibratory levels, as would be necessary to cause shipping, sonar, seismic exploration) in pile driving, and active sonar systems. TTS. Intermittent exposures—as would origin. Marine mammal The duration of such sounds, as occur due to the brief, transient signals communications would not likely be received at a distance, can be greatly produced by these sources—require a masked appreciably by the acoustic extended in a highly reverberant higher cumulative SEL to induce TTS signals given the directionality of the environment. Sparkers and boomers than would continuous exposures of the signals for most HRG survey equipment produce pulsed signals with energy in same duration (i.e., intermittent types planned for use (Table 1) and the the frequency ranges specified in Table exposure results in lower levels of TTS). brief period when an individual 1. The amplitude of the acoustic wave Moreover, most marine mammals would mammal is likely to be exposed.

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Vessel Strike impacts to marine mammal prey from anticipated effectiveness of the Ship strikes of marine mammals can sound produced by HRG survey mitigation measures (i.e., exclusion cause major wounds, which may lead to equipment. However, as the HRG survey zones and shutdown measures), the death of the animal. An animal at equipment introduces noise to the discussed in detail below in the the surface could be struck directly by marine environment, there is the Proposed Mitigation section, further a vessel, a surfacing animal could hit potential for it to result in avoidance of strengthens the conclusion that Level A the bottom of a vessel, or a vessel’s the area around the HRG survey harassment is not a reasonably propeller could injure an animal just activities on the part of marine mammal anticipated outcome of the survey prey. Any avoidance of the area on the below the surface. The severity of activity. As described previously, no part of marine mammal prey would be injuries typically depends on the size serious injury or mortality is anticipated expected to be short term and and speed of the vessel (Knowlton and or proposed to be authorized for this temporary. activity. Kraus 2001; Laist et al., 2001; Because of the temporary nature of Vanderlaan and Taggart 2007). Generally speaking, NMFS estimates the disturbance, and the availability of take by considering: (1) Acoustic The most vulnerable marine mammals similar habitat and resources (e.g., prey are those that spend extended periods of thresholds above which NMFS believes species) in the surrounding area, the the best available science indicates time at the surface in order to restore impacts to marine mammals and the oxygen levels within their tissues after marine mammals will be behaviorally food sources that they utilize are not harassed or incur some degree of deep dives (e.g., the sperm whale). In expected to cause significant or long- addition, some baleen whales, such as permanent hearing impairment; (2) the term consequences for individual area or volume of water that will be the North Atlantic right whale, seem marine mammals or their populations. generally unresponsive to vessel sound, ensonified above these levels in a day; NMFS has preliminarily determined (3) the density or occurrence of marine making them more susceptible to vessel that impacts on marine mammal habitat collisions (Nowacek et al., 2004). These mammals within these ensonified areas; from the proposed activities will be and, (4) and the number of days of species are primarily large, slow moving temporary, insignificant, and whales. Smaller marine mammals (e.g., activities. NMFS notes that while these discountable. basic factors can contribute to a basic ) move quickly The potential effects of Garden State’s calculation to provide an initial through the water column and are often specified survey activity are expected to prediction of takes, additional seen riding the bow wave of large ships. be limited to Level B behavioral information that can qualitatively Marine mammal responses to vessels harassment. No permanent or temporary inform take estimates is also sometimes may include avoidance and changes in auditory effects, or significant impacts available (e.g., previous monitoring dive pattern (NRC 2003). to marine mammal habitat, including results or average group size). Below, An examination of all known ship prey, are expected. strikes from all shipping sources NMFS describes the factors considered (civilian and military) indicates vessel Estimated Take here in more detail and present the speed is a principal factor in whether a This section provides an estimate of proposed take estimate. vessel strike results in death (Knowlton the number of incidental takes proposed Acoustic Thresholds and Kraus 2001; Laist et al., 2001; for authorization through this IHA, Jensen and Silber 2003; Vanderlaan and which will inform both NMFS’ NMFS recommends the use of Taggart 2007). In assessing records with consideration of ‘‘small numbers’’ and acoustic thresholds that identify the known vessel speeds, Laist et al. (2001) the negligible impact determination. received level of underwater sound found a direct relationship between the Harassment is the only type of take above which exposed marine mammals occurrence of a whale strike and the expected to result from these activities. would be reasonably expected to be speed of the vessel involved in the Except with respect to certain activities behaviorally harassed (equated to Level collision. The authors concluded that not pertinent here, section 3(18) of the B harassment) or to incur PTS of some most deaths occurred when a vessel was MMPA defines ‘‘harassment’’ as any act degree (equated to Level A harassment). traveling in excess of 24.1 km/h (14.9 of pursuit, torment, or annoyance, Level B Harassment—Though mph; 13 kn). Given the slow vessel which (i) has the potential to injure a significantly driven by received level, speeds (typically 4–5 knots) and marine mammal or marine mammal the onset of behavioral disturbance from predictable course necessary for data stock in the wild (Level A harassment); anthropogenic noise exposure is also acquisition, ship strike is unlikely to or (ii) has the potential to disturb a informed to varying degrees by other occur during Garden State’s proposed marine mammal or marine mammal factors related to the source (e.g., survey activities. Marine mammals stock in the wild by causing disruption frequency, predictability, duty cycle), would be able to easily avoid the survey of behavioral patterns, including, but the environment (e.g., bathymetry), and vessel due to the slow vessel speed. not limited to, migration, breathing, the receiving animals (hearing, Further, Garden State would implement nursing, breeding, feeding, or sheltering motivation, experience, demography, measures (e.g., protected species (Level B harassment). behavioral context) and can be difficult monitoring, vessel speed restrictions Authorized takes would be by Level B to predict (Southall et al., 2007, Ellison and separation distances; see Proposed harassment only, in the form of et al., 2012). NMFS uses a generalized Mitigation) set forth in the BOEM lease disruption of behavioral patterns for acoustic threshold based on received to reduce the risk of a vessel strike to individual marine mammals resulting level to estimate the onset of behavioral marine mammal species in the survey from exposure to noise from certain harassment. NMFS predicts that marine area. HRG acoustic sources. Based on the mammals are likely to be behaviorally characteristics of the signals produced harassed (i.e., Level B harassment) when Marine Mammal Habitat by the acoustic sources planned for use, exposed to underwater anthropogenic The HRG survey equipment will not Level A harassment (serious injury, and noise above received levels of 160 dB re contact the seafloor and does not mortality) is neither anticipated, even 1 mPa (rms) for the impulsive sources represent a source of pollution. NMFS is absent mitigation, nor proposed to be (i.e., boomers, sparkers) and non- not aware of any available literature on authorized. Consideration of the impulsive, intermittent sources (e.g.,

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CHIRP SBPs) evaluated here for Garden that source levels provided by Crocker subsequent years, certain models have State’s proposed activity. and Fratantonio (2016) be incorporated been updated based on additional data Level A Harassment—NMFS’ in the method described above to as well as certain methodological Technical Guidance for Assessing the estimate isopleth distances to improvements. More information is Effects of Anthropogenic Sound on harassment thresholds. In cases when available online at Marine Mammal Hearing (Version 2.0) the source level for a specific type of seamap.env.duke.edu/models/Duke-EC- (Technical Guidance, 2018) identifies HRG equipment is not provided in GOM-2015/. Marine mammal density dual criteria to assess auditory injury Crocker and Fratantonio (2016), NMFS estimates in the survey area (animals/ (Level A harassment) to five different recommends that either the source km2) were obtained using the most marine mammal groups (based on levels provided by the manufacturer be recent model results for all taxa (Roberts hearing sensitivity) as a result of used, or, in instances where source et al., 2016, 2017, 2018, 2020). The exposure to noise from two different levels provided by the manufacturer are updated models incorporate additional types of sources (impulsive or non- unavailable or unreliable, a proxy from sighting data, including sightings from impulsive). For more information, see Crocker and Fratantonio (2016) be used the NOAA Atlantic Marine Assessment NMFS’ 2018 Technical Guidance, which instead. Table 1 shows the HRG Program for Protected Species may be accessed at equipment types that may be used (AMAPPS) surveys. www.fisheries.noaa.gov/national/ during the proposed surveys and the For the exposure analysis, density marine-mammal-protection/marine- sound levels associated with those HRG data from Roberts et al. (2016, 2017, mammal-acoustic-technical-guidance. equipment types. 2018, 2020) were mapped using a Garden State’s proposed activity Results of modeling using the geographic information system (GIS). includes the use of impulsive (i.e., methodology described above indicated Density grid cells that included any sparkers and boomers) and non- that, of the HRG survey equipment portion of the proposed survey area impulsive (e.g., CHIRP SBP) sources. planned for use by Garden State that has were selected for all survey months (see However, as discussed above, NMFS has the potential to result in Level B Figure 3 in Garden State’s application). concluded that Level A harassment is harassment of marine mammals, the Densities from each of the selected not a reasonably likely outcome for Applied Acoustics Dura-Spark UHD and density blocks were averaged for each marine mammals exposed to noise GeoMarine Geo-Source sparkers would month available to provide monthly through use of the sources proposed for produce the largest Level B harassment density estimates for each species (when use here, and the potential for Level A isopleth (141 m; please see Table 4 of available based on the temporal harassment is not evaluated further in Garden State’s application). Estimated resolution of the model products), along this document. Please see Garden State’s Level B harassment isopleths associated with the average annual density. Please application for details of a quantitative with the boomer and CHIRP SBP see Tables 7 and 8 of Garden State’s exposure analysis exercise, i.e., systems planned for use are estimated as application for density values used in calculated Level A harassment isopleths 25 and 36 m, respectively. Although the exposure estimation process for the and estimated Level A harassment Garden State does not expect to use Lease Area and the potential ECRs, exposures. Maximum estimated Level A sparker sources on all planned survey respectively. Note that no density harassment isopleths were less than 3 m days, it proposes to assume for purposes estimates are available for the portion of for all sources and hearing groups with of analysis that the sparker would be the ECR area in Delaware Bay, so the the exception of an estimated 37 m zone used on all survey days. This is a marine mammal densities from the and 17 m zone calculated for high- conservative approach, as the actual density models of Roberts et al. (2016, frequency cetaceans during use of the sources used on individual survey days 2017, 2018, 2020) were assumed to GeoPulse 5430 CHIRP SBP and the TB may produce smaller harassment apply to this area. Additional data CHIRP III, respectively (see Table 1 for distances. regarding average group sizes from source characteristics). Garden State did survey effort in the region was Marine Mammal Occurrence not request authorization of take by considered to ensure adequate take Level A harassment, and no take by In this section, NMFS provides estimates are evaluated. Level A harassment is proposed for information about the presence, density, Take Calculation and Estimation authorization by NMFS. or group dynamics of marine mammals that will inform the take calculations. Here NMFS describes how the Ensonified Area Habitat-based density models information provided above is brought NMFS has developed a user-friendly produced by the Duke University together to produce a quantitative take methodology for estimating the extent of Marine Geospatial Ecology Laboratory estimate. In order to estimate the the Level B harassment isopleths (Roberts et al., 2016, 2017, 2018, 2020) number of marine mammals predicted associated with relevant HRG survey represent the best available information to be exposed to sound levels that equipment (NMFS, 2020). This regarding marine mammal densities in would result in harassment, radial methodology incorporates frequency the proposed survey area. The density distances to predicted isopleths and directionality to refine estimated data presented by Roberts et al. (2016, corresponding to Level B harassment ensonified zones. For acoustic sources 2017, 2018, 2020) incorporates aerial thresholds are calculated, as described that operate with different beamwidths, and shipboard line-transect survey data above. The maximum distance (i.e., 141 the maximum beamwidth was used, and from NMFS and other organizations and m distance associated with sparkers) to the lowest frequency of the source was incorporates data from 8 physiographic the Level B harassment criterion and the used when calculating the frequency- and 16 dynamic oceanographic and estimated trackline distance traveled per dependent absorption coefficient (Table biological covariates, and controls for day by a given survey vessel (i.e., 70 km) 1). the influence of sea state, group size, are then used to calculate the daily NMFS considers the data provided by availability bias, and perception bias on ensonified area, or zone of influence Crocker and Fratantonio (2016) to the probability of making a sighting. (ZOI) around the survey vessel. represent the best available information These density models were originally The ZOI is a representation of the on source levels associated with HRG developed for all cetacean taxa in the maximum extent of the ensonified area equipment and, therefore, recommends U.S. Atlantic (Roberts et al., 2016). In around a sound source over a 24-hr

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period. The ZOI for each piece of marine mammals are provided in Table species within either the Lease Area or equipment operating below 200 kHz 6 of Garden State’s application. The potential ECR area by the daily ZOI. was calculated per the following largest daily ZOI (19.8 km2), associated That product is then multiplied by the formula: with the various sparkers proposed for number of operating days expected for ZOI = (Distance/day × 2r) + pr2 use, was applied to all planned survey the survey in each area assessed, and Where r is the linear distance from the days. the product is rounded to the nearest source to the harassment isopleth. Potential Level B harassment whole number. These results are shown ZOIs associated with all sources with exposures are estimated by multiplying in Table 4. the expected potential to cause take of the average annual density of each

TABLE 4—SUMMARY OF TAKE NUMBERS PROPOSED FOR AUTHORIZATION

1 Max percent Species Abundance Level B takes population

Low-Frequency Cetaceans

Fin whale ...... 6,802 9 0.13 Sei whale ...... 6,292 0 (1) 0.02 Minke whale ...... 21,968 3 0.01 Humpback whale ...... 1,393 4 0.29 North Atlantic right whale ...... 412 14 3.40

Mid-Frequency Cetaceans

Sperm whale 3 ...... 4,349 0 (3) 0.07 Atlantic white-sided dolphin ...... 93,233 15 0.00 ...... 39,921 9 0.00 Common bottlenose dolphin:2 Offshore Stock ...... 62,851 437 0.21 Migratory Stock ...... 6,639 1,192 7.77 Pilot Whales:3 Short-finned pilot whale ...... 28,924 3 (10) 0.03 Long-finned pilot whale ...... 39,215 3 (10) 0.03 Risso’s dolphin ...... 35,493 0 (30) 0.08 Common dolphin ...... 172,974 112 0.06

High-Frequency Cetaceans

Harbor porpoise ...... 95,543 98 0.03

Pinnipeds

Seals: 4 Gray seal ...... 451,431 9 0.00 Harbor seal ...... 75,834 9 0.01 1Parenthesis denote changes from calculated take estimates.Increases from calculated values are based on assumed average group size for the species; sei whale, Kenney and Vigness-Raposa, 2010; sperm whale and Risso’s dolphin, Barkaszi and Kelly, 2018. 2Roberts et al. (2016) does not provide density estimates for individual stocks of common bottlenose dolphins; therefore, stock densities were delineated using the 20-m isobath. 3Roberts (2018) only provides density estimates for ‘‘generic’’ pilot whales; therefore, an equal potential for takes has been assumed either for each species. 4Roberts (2018) only provides density estimates for ‘‘generic’’ seals; therefore, densities were split evenly between the two species.

The take numbers shown in Table 4 the take numbers requested by Garden information about the availability and are those requested by Garden State, State and proposes to authorize them. feasibility (economic and technological) of equipment, methods, and manner of with the exception of the two pilot Proposed Mitigation whale species. Garden State requested 3 conducting the activity or other means takes each of short-finned and long- In order to issue an IHA under section of effecting the least practicable adverse finned pilot whales, by Level B 101(a)(5)(D) of the MMPA, NMFS must impact upon the affected species or set forth the permissible methods of harassment. However, the requested stocks and their habitat (50 CFR taking pursuant to the activity, and number of takes is below the mean 216.104(a)(11)). other means of effecting the least In evaluating how mitigation may or group size for each of these species; practicable impact on the species or may not be appropriate to ensure the therefore, NMFS proposes increasing to stock and its habitat, paying particular least practicable adverse impact on 10 (from 3, proposed by Garden State) attention to rookeries, mating grounds, species or stocks and their habitat, as the number of takes by Level B and areas of similar significance, and on well as subsistence uses where harassment for each of these species, the availability of the species or stock applicable, NMFS carefully considers based on published mean group sizes for taking for certain subsistence uses two primary factors: (Kenney and Vigness-Raposa, 2010). For (latter not applicable for this action). (1) The manner in which, and the all other species, NMFS concurs with NMFS regulations require applicants for degree to which, the successful incidental take authorizations to include implementation of the measure(s) is

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expected to reduce impacts to marine survey equipment capable of adjusting period longer than 30 minutes and PSOs mammals, marine mammal species or energy levels at the start or restart of have maintained constant observation, stocks, and their habitat. This considers survey activities. The ramp-up then pre-clearance and ramp-up the nature of the potential adverse procedure would be used at the procedures will be initiated as described impact being mitigated (likelihood, beginning of HRG survey activities in in the previous section. scope, range). It further considers the order to provide additional protection to The shutdown requirement would be likelihood that the measure will be marine mammals near the survey area waived for small delphinids of the effective if implemented (probability of by allowing them to vacate the area following genera: Delphinus, accomplishing the mitigating result if prior to the commencement of survey Lagenorhynchus, Stenella, and Tursiops implemented as planned), the equipment operation at full power. and seals. Specifically, if a delphinid likelihood of effective implementation A ramp-up would begin with the from the specified genera or a pinniped (probability implemented as planned), powering up of the smallest acoustic is visually detected approaching the and; HRG equipment at its lowest practical vessel (i.e., to bow ride) or towed (2) The practicability of the measures power output appropriate for the equipment, shutdown is not required. for applicant implementation, which survey. When technically feasible, the Furthermore, if there is uncertainty may consider such things as cost, power would then be gradually turned regarding identification of a marine impact on operations. up and other acoustic sources would be mammal species (i.e., whether the added. observed marine mammal(s) belongs to Mitigation for Marine Mammals and Ramp-up activities will be delayed if one of the delphinid genera for which Their Habitat a marine mammal(s) enters its shutdown is waived), PSOs must use NMFS proposes the following respective exclusion zone. Ramp-up best professional judgement in making mitigation measures be implemented will continue if the animal has been the decision to call for a shutdown. during Garden State’s proposed marine observed exiting its respective exclusion Additionally, shutdown is required if a site characterization surveys. zone or until an additional time period delphinid or pinniped detected in the has elapsed with no further sighting exclusion zone and belongs to a genus Marine Mammal Exclusion Zones (i.e., 15 minutes for small odontocetes other than those specified. Marine mammal exclusion zones (EZ) and seals and 30 minutes for all other Vessel Strike Avoidance would be established around the HRG species). survey equipment and monitored by Activation of survey equipment Garden State will ensure that vessel protected species observers (PSOs): through ramp-up procedures may not operators and crew maintain a vigilant • 500 m EZ for North Atlantic right occur when visual observation of the watch for cetaceans and pinnipeds and whales during use of all acoustic pre-clearance zone is not expected to be slow down or stop their vessels to avoid sources; and effective (i.e., during inclement striking these species. Survey vessel • 100 m EZ for all marine mammals, conditions such as heavy rain or fog). crew members responsible for with certain exceptions specified below, navigation duties will receive site- Shutdown Procedures during operation of impulsive acoustic specific training on marine mammals sources (boomer and/or sparker). An immediate shutdown of the sighting/reporting and vessel strike If a marine mammal is detected impulsive HRG survey equipment avoidance measures. Vessel strike approaching or entering the EZs during would be required if a marine mammal avoidance measures would include the the HRG survey, the vessel operator is sighted entering or within its following, except under circumstances would adhere to the shutdown respective exclusion zone. The vessel when complying with these procedures described below to operator must comply immediately with requirements would put the safety of the minimize noise impacts on the animals. any call for shutdown by the Lead PSO. vessel or crew at risk: • These stated requirements will be Any disagreement between the Lead Vessel operators and crews must included in the site-specific training to PSO and vessel operator should be maintain a vigilant watch for all be provided to the survey team. discussed only after shutdown has protected species and slow down, stop occurred. Subsequent restart of the their vessel, or alter course, as Pre-Clearance of the Exclusion Zones survey equipment can be initiated if the appropriate and regardless of vessel Garden State would implement a 30- animal has been observed exiting its size, to avoid striking any protected minute pre-clearance period of the EZs respective exclusion zone or until an species. A visual observer aboard the prior to the initiation of ramp-up of additional time period has elapsed (i.e., vessel must monitor a vessel strike HRG equipment. During this period, the 30 minutes for all other species). avoidance zone based on the EZ will be monitored by the PSOs, using If a species for which authorization appropriate separation distance around the appropriate visual technology. has not been granted, or, a species for the vessel (distances stated below). Ramp-up may not be initiated if any which authorization has been granted Visual observers monitoring the vessel marine mammal(s) is within its but the authorized number of takes have strike avoidance zone may be third- respective EZ. If a marine mammal is been met, approaches or is observed party observers (i.e., PSOs) or crew observed within an EZ during the pre- within the Level B harassment zone (36 members, but crew members clearance period, ramp-up may not m, non-impulsive; 141 m impulsive), responsible for these duties must be begin until the animal(s) has been shutdown would occur. provided sufficient training to (1) observed exiting its respective EZ or If the acoustic source is shut down for distinguish protected species from other until an additional time period has reasons other than mitigation (e.g., phenomena and (2) broadly to identify elapsed with no further sighting (i.e., 15 mechanical difficulty) for less than 30 a marine mammal as a right whale, minutes for small odontocetes and seals, minutes, it may be activated again other whale (defined in this context as and 30 minutes for all other species). without ramp-up if PSOs have sperm whales or baleen whales other maintained constant observation and no than right whales), or other marine Ramp-Up of Survey Equipment detections of any marine mammal have mammal. When technically feasible, a ramp-up occurred within the respective EZs. If • All vessels, regardless of size, must procedure would be used for HRG the acoustic source is shut down for a observe a 10-knot speed restriction in

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specific areas designated by NMFS for the start of a survey and during any context of exposure (e.g., age, calving or the protection of North Atlantic right changes in crew such that all survey feeding areas); whales from vessel strikes including personnel are fully aware and • Individual marine mammal seasonal management areas (SMAs) and understand the mitigation, monitoring, responses (behavioral or physiological) dynamic management areas (DMAs) and reporting requirements. Prior to to acoustic stressors (acute, chronic, or when in effect. implementation with vessel crews, the cumulative), other stressors, or • All vessels greater than or equal to training program will be provided to cumulative impacts from multiple 19.8 m in overall length operating from NMFS for review and approval. stressors; • November 1 through April 30 will Confirmation of the training and How anticipated responses to operate at speeds of 10 knots or less understanding of the requirements will stressors impact either: (1) Long-term while transiting to and from Project be documented on a training course log fitness and survival of individual Area. sheet. Signing the log sheet will certify marine mammals; or (2) populations, • All vessels must reduce their speed species, or stocks; that the crew member understands and • to 10 knots or less when mother/calf will comply with the necessary Effects on marine mammal habitat pairs, pods, or large assemblages of requirements throughout the survey (e.g., marine mammal prey species, cetaceans are observed near a vessel. activities. acoustic habitat, or other important • All vessels must maintain a Based on our evaluation of the physical components of marine minimum separation distance of 500 m applicant’s proposed measures, as well mammal habitat); and • Mitigation and monitoring from right whales. If a whale is observed as other measures considered by NMFS, effectiveness. but cannot be confirmed as a species NMFS has preliminarily determined other than a right whale, the vessel that the proposed mitigation measures Proposed Monitoring Measures operator must assume that it is a right provide the means of effecting the least Visual monitoring will be performed whale and take appropriate action. practicable impact on marine mammal • All vessels must maintain a by qualified, NMFS-approved PSOs, the species or stocks and their habitat, minimum separation distance of 100 m resumes of whom will be provided to paying particular attention to rookeries, from sperm whales and all other baleen NMFS for review and approval prior to mating grounds, and areas of similar whales. the start of survey activities. Garden significance. • All vessels must, to the maximum State would employ independent, extent practicable, attempt to maintain a Proposed Monitoring and Reporting dedicated, trained PSOs, meaning that minimum separation distance of 50 m the PSOs must (1) be employed by a In order to issue an IHA for an from all other marine mammals, with an third-party observer provider, (2) have activity, section 101(a)(5)(D) of the understanding that at times this may not no tasks other than to conduct MMPA states that NMFS must set forth be possible (e.g., for animals that observational effort, collect data, and requirements pertaining to the approach the vessel). communicate with and instruct relevant • When marine mammals are sighted monitoring and reporting of such taking. vessel crew with regard to the presence while a vessel is underway, the vessel The MMPA implementing regulations at of marine mammals and mitigation shall take action as necessary to avoid 50 CFR 216.104(a)(13) indicate that requirements (including brief alerts violating the relevant separation requests for authorizations must include regarding maritime hazards), and (3) distance (e.g., attempt to remain parallel the suggested means of accomplishing have successfully completed an to the animal’s course, avoid excessive the necessary monitoring and reporting approved PSO training course speed or abrupt changes in direction that will result in increased knowledge appropriate for their designated task until the animal has left the area). If of the species and of the level of taking and/or have demonstrated experience in marine mammals are sighted within the or impacts on populations of marine the role of an independent PSO during relevant separation distance, the vessel mammals that are expected to be an HRG survey. At least one PSO aboard must reduce speed and shift the engine present in the proposed action area. each acoustic source vessel must have a to neutral, not engaging the engines Effective reporting is critical both to minimum of 90 days at-sea experience until animals are clear of the area. This compliance as well as ensuring that the working as a PSO during a geophysical does not apply to any vessel towing gear most value is obtained from the required survey, with no more than 18 months or any vessel that is navigationally monitoring. elapsed since the conclusion of the at- constrained. Monitoring and reporting sea experience. On a case-by-case basis, • These requirements do not apply in requirements prescribed by NMFS non-independent observers may be any case where compliance would should contribute to improved approved by NMFS for limited, specific create an imminent and serious threat to understanding of one or more of the duties in support of approved, a person or vessel or to the extent that following: independent PSOs on smaller vessels • a vessel is restricted in its ability to Occurrence of marine mammal with limited crew capacity operating in maneuver and, because of the species or stocks in the area in which nearshore waters. restriction, cannot comply. take is anticipated (e.g., presence, The PSOs will be responsible for Members of the monitoring team will abundance, distribution, density); monitoring the waters surrounding each consult NMFS North Atlantic right • Nature, scope, or context of likely survey vessel to the farthest extent whale reporting system and Whale marine mammal exposure to potential permitted by sighting conditions, Alert, as able, for the presence of North stressors/impacts (individual or including exclusion zones, during all Atlantic right whales throughout survey cumulative, acute or chronic), through HRG survey operations. PSOs will operations, and for the establishment of better understanding of: (1) Action or visually monitor and identify marine a DMA. If NMFS should establish a environment (e.g., source mammals, including those approaching DMA in the Project Area during the characterization, propagation, ambient or entering the established EZs during survey, the vessels will abide by speed noise); (2) affected species (e.g., life survey activities. It will be the restrictions in the DMA. history, dive patterns); (3) co-occurrence responsibility of the Lead PSO on duty Project-specific training will be of marine mammal species with the to communicate the presence of marine conducted for all vessel crew prior to action; or (4) biological or behavioral mammals as well as to communicate the

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action(s) that are necessary to ensure behavior that occurs (e.g., noted • Watch status (sighting made by PSO mitigation and monitoring requirements behavioral disturbances). on/off effort, opportunistic, crew, are implemented as appropriate. alternate vessel/platform); Proposed Reporting Measures During all HRG survey operations • PSO who sighted the animal; • (e.g., any day on which use of an HRG Within 90 days after completion of Time of sighting; survey activities or expiration of this • Vessel location at time of sighting; source is planned to occur), a minimum • of one PSO must be on duty during IHA, whichever comes sooner, a final Water depth; • Direction of vessel’s travel (compass daylight operations on each survey technical report will be provided to direction); vessel, conducting visual observations NMFS that fully documents the • methods and monitoring protocols, Direction of animal’s travel relative at all times on all active survey vessels to the vessel; during daylight hours (i.e., from 30 summarizes the data recorded during • monitoring, summarizes the number of Pace of the animal; minutes prior to sunrise through 30 • Estimated distance to the animal marine mammals observed during minutes following sunset). Two PSOs and its heading relative to vessel at survey activities (by species, when will be on watch during nighttime initial sighting; operations. The PSO(s) would ensure known), summarizes the mitigation • Identification of the animal (e.g., 360° visual coverage around the vessel actions taken during surveys (including genus/species, lowest possible from the most appropriate observation what type of mitigation and the species taxonomic level, or unidentified); also posts and would conduct visual and number of animals that prompted note the composition of the group if observations using binoculars and/or the mitigation action, when known), there is a mix of species; night vision goggles and the naked eye and provides an interpretation of the • Estimated number of animals (high/ while free from distractions and in a results and effectiveness of all low/best); consistent, systematic, and diligent mitigation and monitoring. Any • Estimated number of animals by manner. PSOs may be on watch for a recommendations made by NMFS must cohort (adults, yearlings, juveniles, maximum of 4 consecutive hours be addressed in the final report prior to calves, group composition, etc.); followed by a break of at least two hours acceptance by NMFS. All draft and final • Description (as many distinguishing between watches and may conduct a marine mammal and acoustic features as possible of each individual maximum of 12 hours of observation per monitoring reports must be submitted to seen, including length, shape, color, 24-hour period. In cases where multiple [email protected] pattern, scars or markings, shape and vessels are surveying concurrently, any and [email protected]. The report size of dorsal fin, shape of head, and observations of marine mammals would must contain at minimum, the blow characteristics); • be communicated to PSOs on all nearby following: Detailed behavior observations (e.g., • survey vessels. PSO names and affiliations; number of blows, number of surfaces, • Dates of departures and returns to PSOs must be equipped with breaching, spyhopping, diving, feeding, port with port name; binoculars and have the ability to traveling; as explicit and detailed as • Dates and times (Greenwich Mean estimate distance and bearing to detect possible; note any observed changes in Time) of survey effort and times marine mammals, particularly in behavior); corresponding with PSO effort; • Animal’s closest point of approach proximity to EZs. Reticulated binoculars • Vessel location (latitude/longitude) and/or closest distance from the center must also be available to PSOs for use when survey effort begins and ends, point of the acoustic source; as appropriate based on conditions and vessel location at beginning and end of • Platform activity at time of sighting visibility to support the sighting and visual PSO duty shifts; (e.g., deploying, recovering, testing, data monitoring of marine mammals. During • Vessel heading and speed at acquisition, other); and nighttime operations, night-vision beginning and end of visual PSO duty • Description of any actions goggles with thermal clip-ons and shifts and upon any line change; implemented in response to the sighting infrared technology would be used. • Environmental conditions while on (e.g., delays, shutdown, ramp-up, speed Position data would be recorded using visual survey (at beginning and end of or course alteration, etc.) and time and hand-held or vessel GPS units for each PSO shift and whenever conditions location of the action. sighting. change significantly), including wind If a North Atlantic right whale is During good conditions (e.g., daylight speed and direction, Beaufort sea state, observed at any time by PSOs or hours; Beaufort sea state (BSS) 3 or less), Beaufort wind force, swell height, personnel on any project vessels, during to the maximum extent practicable, weather conditions, cloud cover, sun surveys or during vessel transit, Garden PSOs would also conduct observations glare, and overall visibility to the State must immediately report sighting when the acoustic source is not horizon; information to the NMFS North Atlantic operating for comparison of sighting • Factors that may be contributing to Right Whale Sighting Advisory System: rates and behavior with and without use impaired observations during each PSO (866) 755–6622. North Atlantic right of the active acoustic sources. Any shift change or as needed as whale sightings in any location may also observations of marine mammals by environmental conditions change (e.g., be reported to the U.S. Coast Guard via crew members aboard any vessel vessel traffic, equipment malfunctions); channel 16. associated with the survey would be and In the event that Garden State relayed to the PSO team. Data on all • Survey activity information, such as personnel discover an injured or dead PSO observations would be recorded type of survey equipment in operation, marine mammal, Garden State would based on standard PSO collection acoustic source power output while in report the incident to the NMFS Office requirements. This would include dates, operation, and any other notes of of Protected Resources (OPR) and the times, and locations of survey significance (i.e., pre-clearance survey, NMFS New England/Mid-Atlantic operations; dates and times of ramp-up, shutdown, end of operations, Stranding Coordinator as soon as observations, location and weather; etc.). feasible. The report would include the details of marine mammal sightings If a marine mammal is sighted, the following information: (e.g., species, numbers, behavior); and following information should be • Time, date, and location (latitude/ details of any observed marine mammal recorded: longitude) of the first discovery (and

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updated location information if known finding is based on the lack of likely and the estimated small size of the Level and applicable); adverse effects on annual rates of A harassment zones. • Species identification (if known) or recruitment or survival (i.e., population- In addition to being temporary, the description of the animal(s) involved; level effects). An estimate of the number maximum expected harassment zone • Condition of the animal(s) of takes alone is not enough information around a survey vessel is 141 m. (including carcass condition if the on which to base an impact Therefore, the ensonified area animal is dead); determination. In addition to surrounding each vessel is relatively • Observed behaviors of the considering estimates of the number of small compared to the overall animal(s), if alive; marine mammals that might be ‘‘taken’’ distribution of the animals in the area • If available, photographs or video through harassment, NMFS considers and their use of the habitat. Feeding footage of the animal(s); and other factors, such as the likely nature behavior is not likely to be significantly • General circumstances under which of any responses (e.g., intensity, impacted as prey species are mobile and the animal was discovered. duration), the context of any responses are broadly distributed throughout the In the unanticipated event of a ship (e.g., critical reproductive time or survey area; therefore, marine mammals strike of a marine mammal by any vessel location, migration), as well as effects that may be temporarily displaced involved in the activities covered by the on habitat, and the likely effectiveness during survey activities are expected to IHA, Garden State would report the of the mitigation. NMFS also assesses be able to resume foraging once they incident to the NMFS OPR and the the number, intensity, and context of have moved away from areas with NMFS New England/Mid-Atlantic estimated takes by evaluating this disturbing levels of underwater noise. Stranding Coordinator as soon as information relative to population Because of the temporary nature of the feasible. The report would include the status. Consistent with the 1989 disturbance and the availability of following information: preamble for NMFS’ implementing similar habitat and resources in the • Time, date, and location (latitude/ regulations (54 FR 40338; September 29, surrounding area, the impacts to marine longitude) of the incident; 1989), the impacts from other past and mammals and the food sources that they • Species identification (if known) or ongoing anthropogenic activities are utilize are not expected to cause description of the animal(s) involved; significant or long-term consequences • incorporated into this analysis via their Vessel’s speed during and leading impacts on the environmental baseline for individual marine mammals or their up to the incident; populations. • (e.g., as reflected in the regulatory status Vessel’s course/heading and what of the species, population size and There are no rookeries, mating or operations were being conducted (if growth rate where known, ongoing calving grounds known to be applicable); sources of human-caused mortality, or biologically important to marine • mammals within the proposed survey Status of all sound sources in use; ambient noise levels). • Description of avoidance measures/ area and there are no feeding areas requirements that were in place at the To avoid repetition, our analysis known to be biologically important to time of the strike and what additional applies to all the species listed in Table marine mammals within the proposed measures were taken, if any, to avoid 4, given that NMFS expects the survey area. There is no designated strike; anticipated effects of the proposed critical habitat for any ESA-listed • Environmental conditions (e.g., survey to be similar in nature. Where marine mammals in the proposed wind speed and direction, Beaufort sea there are meaningful differences survey area. state, cloud cover, visibility) between species or stocks—as is the North Atlantic Right Whales immediately preceding the strike; case of the North Atlantic right whale— • Estimated size and length of animal they are included as separate The status of the North Atlantic right that was struck; subsections below. NMFS does not whale population is of heightened • Description of the behavior of the anticipate that serious injury or concern and, therefore, merits marine mammal immediately preceding mortality would occur as a result from additional analysis. As noted and following the strike; HRG surveys, even in the absence of previously, elevated North Atlantic right • If available, description of the mitigation, and no serious injury or whale mortalities began in June 2017 presence and behavior of any other mortality is proposed to be authorized. and there is an active UME. Overall, marine mammals immediately As discussed in the Potential Effects preliminary findings support human preceding the strike; section, non-auditory physical effects interactions, specifically vessel strikes • Estimated fate of the animal (e.g., and vessel strike are not expected to and entanglements, as the cause of dead, injured but alive, injured and occur. NMFS expects that all potential death for the majority of right whales. moving, blood or tissue observed in the takes would be in the form of short-term The proposed survey area overlaps a water, status unknown, disappeared); Level B behavioral harassment in the migratory corridor Biologically and form of temporary avoidance of the area Important Area (BIA) for North Atlantic • To the extent practicable, or decreased foraging (if such activity right whales (effective March-April and photographs or video footage of the was occurring), reactions that are November-December) that extends from animal(s). considered to be of low severity and Massachusetts to Florida (LeBrecque et with no lasting biological consequences al., 2015). Off the coast of Delaware, this Negligible Impact Analysis and (e.g., Southall et al., 2007). Even migratory BIA extends from the coast to Determination repeated Level B harassment of some beyond the shelf break. Due to the fact NMFS has defined negligible impact small subset of an overall stock is that that the proposed survey activities as an impact resulting from the unlikely to result in any significant are temporary and the spatial extent of specified activity that cannot be realized decrease in viability for the sound produced by the survey would be reasonably expected to, and is not affected individuals, and thus would very small relative to the spatial extent reasonably likely to, adversely affect the not result in any adverse impact to the of the available migratory habitat in the species or stock through effects on stock as a whole. As described above, BIA, right whale migration is not annual rates of recruitment or survival Level A harassment is not expected to expected to be impacted by the (50 CFR 216.103). A negligible impact occur given the nature of the operations proposed survey. Given the relatively

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small size of the ensonified area, it is conducted so far, the main pathogen mitigation measures, or proposed for unlikely that prey availability would be found in the seals is phocine distemper authorization; adversely affected by HRG survey virus, although additional testing to • Foraging success is not likely to be operations. Required vessel strike identify other factors that may be significantly impacted as effects on avoidance measures will also decrease involved in this UME are underway. species that serve as prey species for risk of ship strike during migration; no The UME does not yet provide cause for marine mammals from the survey are ship strike is expected to occur during concern regarding population-level expected to be minimal; Garden State’s proposed activities. impacts to any of these stocks. For • The availability of alternate areas of Additionally, only very limited take by harbor seals, the population abundance similar habitat value for marine Level B harassment of North Atlantic is over 75,000 and annual M/SI (350) is mammals to temporarily vacate the right whales has been requested and is well below PBR (2,006) (Hayes et al., survey area during the planned survey being proposed by NMFS as HRG survey 2020). The population abundance for to avoid exposure to sounds from the operations are required to maintain a gray seals in the United States is over activity; 500 m EZ and shutdown if a North 27,000, with an estimated abundance, • Take is anticipated to be primarily Atlantic right whale is sighted at or including seals in Canada, of Level B behavioral harassment within the EZ. The 500 m shutdown approximately 451,431. In addition, the consisting of brief startling reactions zone for right whales is conservative, abundance of gray seals is likely and/or temporary avoidance of the considering the Level B harassment increasing in the U.S. Atlantic exclusive survey area; isopleth for the most impactful acoustic economic zone (EEZ) as well as in • While the survey area is within source (i.e., GeoMarine Geo-Source 400 Canada (Hayes et al., 2020). areas noted as a migratory BIA for North tip sparker) is estimated to be 141 m, The required mitigation measures are Atlantic right whales, the activities and thereby minimizes the potential for expected to reduce the number and/or would occur in such a comparatively behavioral harassment of this species. severity of proposed takes for all species small area such that any avoidance of As noted previously, Level A listed in Table 4, including those with the survey area due to activities would harassment is not expected due to the active UME’s to the level of least not affect migration. In addition, small PTS zones associated with HRG practicable adverse impact. In particular mitigation measures to shutdown at 500 equipment types proposed for use. they would provide animals the m to minimize potential for Level B NMFS does not anticipate North opportunity to move away from the behavioral harassment would limit any Atlantic right whales takes that would sound source throughout the survey take of the species; and result from Garden State’s proposed area before HRG survey equipment • The proposed mitigation measures, activities would impact annual rates of reaches full energy, thus preventing including visual monitoring and recruitment or survival. Thus, any takes them from being exposed to sound shutdowns, are expected to minimize that occur would not result in levels that have the potential to cause potential impacts to marine mammals. population level impacts. injury (Level A harassment) or more Based on the analysis contained Other Marine Mammal Species With severe Level B harassment. No Level A herein of the likely effects of the Active UMEs harassment is anticipated, even in the specified activity on marine mammals As noted previously, there are several absence of mitigation measures, or and their habitat, and taking into active UMEs occurring in the vicinity of proposed for authorization. consideration the implementation of the Garden State’s proposed survey area. NMFS expects that takes would be in proposed monitoring and mitigation Elevated humpback whale mortalities the form of short-term Level B measures, NMFS preliminarily finds have occurred along the Atlantic coast behavioral harassment by way of brief that the total marine mammal take from from Maine through Florida since startling reactions and/or temporary the proposed activity will have a January 2016. Of the cases examined, vacating of the area, or decreased negligible impact on all affected marine approximately half had evidence of foraging (if such activity was mammal species or stocks. occurring)—reactions that (at the scale human interaction (ship strike or Small Numbers entanglement). The UME does not yet and intensity anticipated here) are provide cause for concern regarding considered to be of low severity, with As noted above, only small numbers population-level impacts. Despite the no lasting biological consequences. of incidental take may be authorized UME, the relevant population of Since both the sources and marine under sections 101(a)(5)(A) and (D) of humpback whales (the West Indies mammals are mobile, animals would the MMPA for specified activities other breeding population, or DPS) remains only be exposed briefly to a small than military readiness activities. The stable at approximately 12,000 ensonified area that might result in take. MMPA does not define small numbers individuals. Additionally, required mitigation and so, in practice, where estimated Beginning in January 2017, elevated measures would further reduce numbers are available, NMFS compares minke whale strandings have occurred exposure to sound that could result in the number of individuals taken to the along the Atlantic coast from Maine more severe behavioral harassment. most appropriate estimation of through South Carolina, with highest In summary and as described above, abundance of the relevant species or numbers in Massachusetts, Maine, and the following factors primarily support stock in our determination of whether New York. This event does not provide our preliminary determination that the an authorization is limited to small cause for concern regarding population impacts resulting from this activity are numbers of marine mammals. When the level impacts, as the likely population not expected to adversely affect the predicted number of individuals to be abundance is greater than 20,000 species or stock through effects on taken is fewer than one third of the whales. annual rates of recruitment or survival: species or stock abundance, the take is Elevated numbers of harbor seal and • No mortality or serious injury is considered to be of small numbers. gray seal mortalities were first observed anticipated or proposed for Additionally, other qualitative factors in July 2018 and have occurred across authorization; may be considered in the analysis, such Maine, New Hampshire, and • No Level A harassment (PTS) is as the temporal or spatial scale of the Massachusetts. Based on tests anticipated, even in the absence of activities.

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NMFS proposes to authorize Proposed Authorization monitoring to date and an explanation incidental take of 16 marine mammal As a result of these preliminary showing that the monitoring results do species (with 17 managed stocks). The determinations, NMFS proposes to issue not indicate impacts of a scale or nature total amount of takes proposed for an IHA to Garden State for conducting not previously analyzed or authorized. Upon review of the request for authorization relative to the best marine site characterization surveys off renewal, the status of the affected available population abundance is less the coasts of Delaware and New Jersey species or stocks, and any other than 8 percent for one stock (bottlenose for one year from the date of issuance, pertinent information, NMFS dolphin northern coastal migratory provided the previously mentioned determines that there are no more than stock) and less than 4 percent of all mitigation, monitoring, and reporting minor changes in the activities, the other species and stocks, which NMFS requirements are incorporated. A draft mitigation and monitoring measures preliminarily finds are small numbers of of the proposed IHA can be found at will remain the same and appropriate, marine mammals relative to the https://www.fisheries.noaa.gov/permit/ and the findings in the initial IHA estimated overall population incidental-take-authorizations-under- remain valid. abundances for those stocks (please see marine-mammal-protection-act. Table 4). Dated: April 21, 2021. Request for Public Comments Based on the analysis contained Catherine Marzin, herein of the proposed activity We request comment on our analyses, Acting Director, Office of Protected Resources, (including the proposed mitigation and the proposed authorization, and any National Marine Fisheries Service. monitoring measures) and the other aspect of this notice of proposed [FR Doc. 2021–08681 Filed 4–26–21; 8:45 am] anticipated take of marine mammals, IHA for the proposed marine site BILLING CODE 3510–22–P characterization surveys. We also NMFS preliminarily finds that small request at this time comment on the numbers of marine mammals will be potential renewal of this proposed IHA taken relative to the population size of BUREAU OF CONSUMER FINANCIAL as described in the paragraph below. the affected species or stocks. PROTECTION Please include with your comments any Unmitigable Adverse Impact Analysis supporting data or literature citations to Fair Lending Report of the Bureau of and Determination help inform decisions on the request for Consumer Financial Protection, April this IHA or a subsequent renewal IHA. 2021 There are no relevant subsistence uses On a case-by-case basis, NMFS may AGENCY: of the affected marine mammal stocks or issue a one-time, 1-year renewal IHA Bureau of Consumer Financial species implicated by this action. following notice to the public providing Protection. Therefore, NMFS has determined that an additional 15 days for public ACTION: Fair Lending Report of the the total taking of affected species or comments when (1) up to another year Bureau of Consumer Financial stocks would not have an unmitigable of identical or nearly identical, or nearly Protection. adverse impact on the availability of identical, activities as described in the SUMMARY: The Bureau of Consumer such species or stocks for taking for Description of Proposed Activity section Financial Protection (Bureau) is issuing subsistence purposes. of this notice is planned or (2) the its ninth Fair Lending Report of the activities as described in the Description Endangered Species Act Bureau of Consumer Financial of Proposed Activity section of this Protection (Fair Lending Report) to Section 7(a)(2) of the Endangered notice would not be completed by the Congress. The Bureau is committed to Species Act of 1973 (16 U.S.C. 1531 et time the IHA expires and a renewal ensuring fair, equitable, and seq.) requires that each Federal agency would allow for completion of the nondiscriminatory access to credit for insure that any action it authorizes, activities beyond that described in the both individuals and communities. This funds, or carries out is not likely to Dates and Duration section of this report describes our fair lending jeopardize the continued existence of notice, provided all of the following activities in supervision and any endangered or threatened species or conditions are met: enforcement; guidance and rulemaking; • A request for renewal is received no result in the destruction or adverse interagency coordination; and outreach later than 60 days prior to the needed modification of designated critical and education for calendar year 2020. renewal IHA effective date (recognizing habitat. To ensure ESA compliance for DATES: The Bureau released the 2020 that the renewal IHA expiration date the issuance of IHAs, NMFS consults Fair Lending Report on its website on cannot extend beyond one year from internally whenever NMFS proposes to April 14, 2021. expiration of the initial IHA). authorize take for endangered or FOR FURTHER INFORMATION CONTACT • The request for renewal must : threatened species, in this case with include the following: Bobby Conner, Senior Policy Counsel, NMFS Greater Atlantic Regional (1) An explanation that the activities Fair Lending, at 1–855–411–2372. If you Fisheries Office (GARFO). require this document in an alternative to be conducted under the requested _ The NMFS OPR is proposing to renewal IHA are identical to the electronic format, please contact CFPB authorize the incidental take of four activities analyzed under the initial [email protected]. species of marine mammals which are IHA, are a subset of the activities, or SUPPLEMENTARY INFORMATION: listed under the ESA: The North include changes so minor (e.g., 1. Fair Lending Report of the Bureau of Atlantic right, fin, sei, and sperm reduction in pile size) that the changes Consumer Financial Protection, April whales. The OPR has requested do not affect the previous analyses, 2021 initiation of Section 7 consultation with mitigation and monitoring NMFS GARFO for the issuance of this requirements, or take estimates (with Message From the Acting Director IHA. NMFS will conclude the ESA the exception of reducing the type or The Bureau recognizes April as fair section 7 consultation prior to reaching amount of take). lending and fair housing month—a time a determination regarding the proposed (2) A preliminary monitoring report to specifically highlight the importance issuance of the authorization. showing the results of the required of equity in our financial markets. As

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