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negligible impact determination. Read et training activities in Pamlico for mitigation and monitoring measures al. (2003) concluded that a period of one year, provided the will remain the same and appropriate, rarely occur in open waters in the previously mentioned mitigation, and the findings in the initial IHA middle of sounds and monitoring, and reporting requirements remain valid. large , but instead are are incorporated. A draft of the Dated: March 10, 2020. proposed IHA can be found at concentrated in shallow water habitats Donna S. Wieting, along shorelines. However, no specific www.fisheries.noaa.gov/national/ marine-mammal-protection/incidental- Director, Office of Protected Resources, areas have been identified as vital National Marine Fisheries Service. reproduction or foraging habitat. take-authorizations-military-readiness- In summary and as described above, activities. [FR Doc. 2020–05233 Filed 3–13–20; 8:45 am] BILLING CODE 3510–22–P the following factors primarily support Request for Public Comments our preliminary determination that the We request comment on our analyses, impacts resulting from this activity are DEPARTMENT OF COMMERCE not expected to adversely affect the the proposed authorization, and any other aspect of this Notice of Proposed species or stock through effects on National Oceanic and Atmospheric IHA. We also request comment on the annual rates of recruitment or survival: Administration • No serious injury or mortality is potential renewal of this proposed IHA anticipated or authorized; as described in the paragraph below. [RTID 0648–XR075] • Impacts will be limited to Level B Please include with your comments any harassment, primarily in the form of supporting data or literature citations to Takes of Marine Mammals Incidental to behavioral disturbance, and only two help inform decisions on the request for Specified Activities; Taking Marine incidents of Level A harassment in the this IHA or a subsequent renewal. Mammals Incidental to Offshore Wind form of PTS; On a case-by-case basis, NMFS may Construction Activities off of Virginia • issue a one-year IHA renewal with an Of the number of total takes AGENCY: National Marine Fisheries proposed to be authorized, the expected additional 15 days for public comments Service (NMFS), National Oceanic and proportions that may accrue to when (1) another year of identical or Atmospheric Administration (NOAA), individual affected stocks are low nearly identical activities as described Commerce. in the Description of Proposed Activity relative to the estimated abundances of ACTION: Notice; proposed incidental the affected stocks; section of this notice is planned or (2) • the activities as described in the harassment authorization; request for There will be no loss or comments. modification of habitat and minimal, Description of Proposed Activity section temporary impacts on prey; and of this notice would not be completed SUMMARY: NMFS has received a request • Mitigation requirements would by the time the IHA expires and a from Virginia Electric and Power minimize impacts. renewal would allow for completion of Company, d/b/a Dominion Energy Based on the analysis contained the activities beyond that described in Virginia (Dominion), for authorization herein of the likely effects of the the Dates and Duration section of this to take marine mammals incidental to specified activity on marine mammals notice, provided all of the following conducting construction activities off and their habitat, and taking into conditions are met: • the coast of Virginia in the area of consideration the implementation of the A request for renewal is received no Research Lease of Submerged Lands for proposed monitoring and mitigation later than 60 days prior to expiration of Renewable Energy Activities on the measures, NMFS preliminarily finds the current IHA. • Outer Continental Shelf (OCS) Offshore that the total marine mammal take from The request for renewal must Virginia (Lease No. OCS–A–0497), in the proposed activity will have a include the following: support of the Coastal Virginia Offshore (1) An explanation that the activities negligible impact on all affected marine Wind (CVOW) Project. Pursuant to the to be conducted under the requested mammal species or stocks. Marine Mammal Protection Act renewal are identical to the activities (MMPA), NMFS is requesting comments Impact on Availability of Affected analyzed under the initial IHA, are a on its proposal to issue an incidental Species for Taking for Subsistence Uses subset of the activities, or include harassment authorization (IHA) to changes so minor (e.g., reduction in pile There are no relevant subsistence uses incidentally take marine mammals size) that the changes do not affect the of marine mammals implicated by these during the specified activities. NMFS is previous analyses, mitigation and actions. Therefore, we have determined also requesting comments on a possible monitoring requirements, or take that the total taking of affected species one-year renewal that could be issued estimates (with the exception of or stocks would not have an unmitigable under certain circumstances and if all reducing the type or amount of take adverse impact on the availability of requirements are met, as described in because only a subset of the initially such species or stocks for taking for Request for Public Comments at the end analyzed activities remain to be subsistence purposes. of this notice. NMFS will consider completed under the Renewal); and Endangered Species Act (ESA) (2) A preliminary monitoring report public comments prior to making any final decision on the issuance of the No marine mammal species listed showing the results of the required requested MMPA authorizations and under the ESA are expected to be monitoring to date and an explanation agency responses will be summarized in affected by these activities. Therefore, showing that the monitoring results do the final notice of our decision. we have determined that section 7 not indicate impacts of a scale or nature consultation under the ESA is not not previously analyzed or authorized. DATES: Comments and information must required. • Upon review of the request for be received no later than April 15, 2020. renewal, the status of the affected ADDRESSES: Comments should be Proposed Authorization species or stocks, and any other addressed to Jolie Harrison, Chief, As a result of these preliminary pertinent information, NMFS Permits and Conservation Division, determinations, NMFS proposes to issue determines that there are no more than Office of Protected Resources, National an IHA to the USMC for conducting minor changes in the activities, the Marine Fisheries Service. Physical

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comments should be sent to 1315 East- the permissible methods of taking and deemed that request to be adequate and West Highway, Silver Spring, MD 20910 other ‘‘means of effecting the least complete. Dominion’s request is for the and electronic comments should be sent practicable adverse impact’’ on the take of seven marine mammal species to [email protected]. affected species or stocks and their by Level B harassment that would occur Instructions: NMFS is not responsible habitat, paying particular attention to over the course of two days of in-water for comments sent by any other method, rookeries, mating grounds, and areas of construction. Neither Dominion nor to any other address or individual, or similar significance, and on the NMFS expects serious injury or received after the end of the comment availability of such species or stocks for mortality to result from this activity and period. Comments received taking for certain subsistence uses the activity is expected to last no more electronically, including all (referred to in shorthand as than one year, therefore, an IHA is attachments, must not exceed a 25- ‘‘mitigation’’); and requirements appropriate. megabyte file size. Attachments to pertaining to the mitigation, monitoring Description of the Proposed Activity electronic comments will be accepted in and reporting of such takings are set Microsoft Word or Excel or Adobe PDF forth. Overview file formats only. All comments The definitions of all applicable received are a part of the public record MMPA statutory terms cited above are The CVOW Project (the Project) calls and will generally be posted online at included in the relevant sections below. for development of two 6-megawatt wind turbines on a site leased by the www.fisheries.noaa.gov/national/ National Environmental Policy Act marine-mammal-protection/incidental- Virginia Department of Mines Minerals take-authorizations-other-energy- To comply with the National and Energy (DMME). Dominion has an activities-renewable without change. All Environmental Policy Act of 1969 agreement with DMME to build and personal identifying information (e.g., (NEPA; 42 U.S.C. 4321 et seq.) and operate the two turbines within the name, address) voluntarily submitted by NOAA Administrative Order (NAO) 2,135-acre site, which lies 27 miles (mi) the commenter may be publicly 216–6A, NMFS must evaluate our off the coast of Virginia Beach, Virginia. accessible. Do not submit confidential proposed action (i.e., the promulgation Dominion has contracted with ;rsted business information or otherwise of regulations and subsequent issuance for construction of the two turbines. The sensitive or protected information. of incidental take authorization) and goals of the Project are to provide alternatives with respect to potential electricity to Virginia and to inform FOR FURTHER INFORMATION CONTACT: impacts on the human environment. plans for a future large-scale commercial Jordan Carduner, Office of Protected This action is consistent with offshore wind development in the Resources, NMFS, (301) 427–8401. categories of activities identified in adjacent Virginia Wind Energy Area that Electronic copies of the applications Categorical Exclusion B4 of the is also leased by Dominion. and supporting documents, as well as a Companion Manual for NAO 216–6A, Dominion proposes to conduct in- list of the references cited in this which do not individually or document, may be obtained by visiting water construction activities in the area cumulatively have the potential for of Research Lease of Submerged Lands the internet at: www.fisheries.noaa.gov/ significant impacts on the quality of the national/marine-mammal-protection/ for Renewable Energy Activities on the human environment and for which we OCS Offshore Virginia (Lease No. OCS– incidental-take-authorizations-other- have not identified any extraordinary energy-activities-renewable. In case of A–0497) (the Lease Area; see Figure 1– circumstances that would preclude this 1 in the IHA application), as well as problems accessing these documents, categorical exclusion. Accordingly, please call the contact listed above. cable-lay and marine site NMFS has preliminarily determined characterization surveys along a 27-mile SUPPLEMENTARY INFORMATION: that the proposed action qualifies to be (mi) submarine cable corridor to a Background categorically excluded from further landfall location in Virginia, in support NEPA review. of the Project. The objective of the The MMPA prohibits the ‘‘take’’ of Information in Dominion’s construction activities is to support marine mammals, with certain application and this notice collectively installation of the wind turbine exceptions. Sections 101(a)(5)(A) and provide the environmental information generator (WTG) foundations. (D) of the MMPA (16 U.S.C. 1361 et related to proposed issuance of these seq.) direct the Secretary of Commerce regulations and subsequent incidental Dates and Duration (as delegated to NMFS) to allow, upon take authorization for public review and request, the incidental, but not comment. We will review all comments Construction activities are expected to intentional, taking of small numbers of submitted in response to this notice occur during two days and could occur marine mammals by U.S. citizens who prior to concluding our NEPA process any time between May and October, engage in a specified activity (other than or making a final decision on the 2020. Cable-lay and site characterization commercial fishing) within a specified request for incidental take survey activities could occur for up to geographical region if certain findings authorization. three months between May and October, are made and either regulations are 2020. Summary of Request issued or, if the taking is limited to Specific Geographic Region harassment, a notice of a proposed On September 13, 2019, NMFS incidental take authorization may be received a request from Dominion for an Dominion’s activities would occur in provided to the public for review. IHA to take marine mammals incidental the Northwest within Authorization for incidental takings to construction activities off the coast of Federal and state waters. Construction shall be granted if NMFS finds that the Virginia in the area of Research Lease of activities would occur within the Lease taking will have a negligible impact on Submerged Lands for Renewable Energy Area approximately 27 miles offshore the species or stock(s) and will not have Activities on the Outer Continental Virginia (see Figure 1–1 in the IHA an unmitigable adverse impact on the Shelf (OCS) Offshore Virginia (Lease No. application) while cable-lay and site availability of the species or stock(s) for OCS–A–0497) in support of the CVOW characterization survey activities would taking for subsistence uses (where project. A revised application was occur between the Lease Area and a relevant). Further, NMFS must prescribe received on January 21, 2020. NMFS landfall location in Virginia.

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Detailed Description of the Specified in harassment of marine mammals to be hearing ranges of marine mammals (e.g., Activities so low as to be discountable. As DP above 180 kHz), that operate within As described above, Dominion’s thrusters and subsea trenching marine mammal functional hearing proposed activities include in-water operations are not expected to result in ranges but have low sound source levels construction, cable laying, and marine take of marine mammals, cable lay (e.g., a single pulse at less than 200 dB site characterization surveys. Of these activities are not analyzed further in this re re 1 mPa), or that operate with very activities, only in-water construction, document. narrow beam widths (e.g., a one degree beam width) are assumed to not have which would occur for a total of two Marine Site Characterization Survey the potential to result in marine days, is expected to result in the Activities mammal harassment; therefore any incidental take of marine mammals. Dominion would conduct marine site sources planned for use by Dominion These activities are described in greater characterization surveys with the goal of that falls into these categories (i.e., the detail below. ensuring the installation area is free of SeaBat 7125 multibeam echosounder Cable-Lay Activities obstructions, installation equipment is and Innomar SES–2000 parametric sub- accurately positioned, and that export A power cable would be used to bottom profiler) were eliminated from cables (between the Project and shore) further analysis. Equipment that does transmit the energy generated by the and inter-array cables (between the WTGs to substations on land. This cable not fall into the above categories, but WTGs) are installed in the correct that is expected to produce sound in the would be buried under the seabed. locations and to the appropriate depth Specialized vessels designed for laying marine environment that would below the seafloor. Marine site attenuate to levels below the threshold and burying cables under the seabed characterization surveys would be would be used for cable-laying for marine mammal harassment (i.e., conducted 24 hours per day. These m activities. To complete cable installation 160 dB re 1 Pa (rms) for intermittent surveys would entail use of the sources) at very short distances (i.e., less in one continuous run, Dominion has following high resolution geophysical than 25-m from the source) are also proposed that cable installation (HRG) equipment types: assumed to not have the potential to operations would be conducted • result in marine mammal harassment. continuously 24 hours per day. The Subsea positioning to calculate position by measuring the range and bearing from a Modeling of isopleth distances resulting cable would be buried by the use of a vessel-mounted transceiver to an acoustic from the remaining HRG sources jet plow or plow which create subsea transponder; proposed for use by Dominion (i.e., the trenches. The underwater noise • Depth sounding (multibeam PanGeo chirp and the Sonardyne Ranger produced by subsea trenching echosounder) to determine water depths and 2 USBL) indicated that sound from operations are not expected to rise to a general bottom topography (currently these sources is expected to attenuate to level that would result in the take of estimated to range from approximately 6 to 26 m (20 to 85 ft) in depth); levels below the threshold for marine marine mammals. • mammal harassment at very short Throughout the cable lay process, a Parametric sub-bottom profiler to provide high-resolution sub-bottom data distances (i.e., less than 25-m) from the dynamic positioning (DP) enabled cable laterally and vertically over all depth ranges; sound source.As it was determined that lay vessel would maintain its position and the likelihood of take occurring from all • (fixed location or predetermined track) Shallow penetration sub-bottom profiler HRG equipment types proposed for use by means of its propellers and thrusters (chirp) to map the near surface stratigraphy by Dominion would be so low as to be using a Global Positioning System, (top 0 to 5 m (0 to 16 ft) of soils below seabed). discountable, marine site which describes the ship’s position by characterization survey activities are not sending information to an onboard Table 2–2 in the IHA application analyzed further in this document. computer that controls the thrusters. DP identifies the representative survey vessels possess the ability to operate equipment that may be used in support Construction Activities with positioning accuracy, safety, and of planned site characterization survey Dominion proposes to conduct pile reliability without the need for anchors, activities. The deployment of HRG driving activities to support installation anchor handling tugs and mooring lines. survey equipment, including the of two WTG foundations. A monopile is Sound produced through use of DP equipment planned for use during a single, hollow cylinder fabricated from thrusters is similar to that produced by Dominion’s planned activity, produces steel that is secured in the seabed. The transiting vessels and DP thrusters are sound in the marine environment that monopiles proposed for the Project typically operated either in a similarly has the potential to result in harassment would have a 7.8 meter (m) (26 feet (ft)) predictable manner or used for short of marine mammals. However, as sound diameter at the seafloor and 6 m (20 ft) durations around stationary activities. propagation is dependent on several diameter flange. The two monopiles NMFS has determined the acoustic factors including operating mode, would be 63 and 64 meters (207 and 210 impacts from DP thrusters are not likely frequency and beam direction of the ft) in length. to result in take of marine mammals in HRG equipment, the potential impacts The foundations would be the absence of activity- or location- to marine mammals from HRG constructed by driving the piles into the specific circumstances that may equipment are driven by the seabed with hydraulic hammers. Impact otherwise represent specific concerns specification of individual HRG sources. pile driving entails the use of a hammer for marine mammals (i.e., activities The specifications of the potential that utilizes a rising and falling piston proposed in area known to be of equipment planned for use during site to repeatedly strike a pile and drive it particular importance for a particular characterization survey activities (Table into the ground. The pile driver operates species), or associated activities that 2–2 in the IHA application) were by lifting a hammer inside the driver may increase the potential to result in analyzed to determine whether these and dropping it onto a steel anvil. The take when in concert with DP thrusters. types of equipment would have the anvil transmits the impulse into the top In this case, we are not aware of any potential to result in harassment of of the pile and the pile is forced into the such circumstances. Therefore, NMFS marine mammals. Equipment that sediment. Repeated blows drive the believes the likelihood of DP thrusters would be operated either at frequency monopile to the desired depth, with the used during cable lay activities resulting ranges that fall outside the functional vertical travel of the pile decreasing

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with each blow as greater soil resistance Proposed Mitigation and Proposed striped (Stenella coeruleoalba), is built up from the contact between the Monitoring and Reporting). white-beaked dolphin (Lagenorhynchus pile surface and the sediment. Each albirostris), pantropical spotted dolphin Description of Marine Mammals in the blow typically results in a travel of (Stenella attenuata), Fraser’s dolphin Area of Specified Activity several centimeters. (Lagenodelphis hosei), rough-toothed The expected hammer energy Sections 4 and 5 of the IHA dolphin (Steno bredanensis), Clymene required for pile driving would be 600 application summarize available dolphin (Stenella clymene), spinner kilojoules (kJ) though up to a maximum information regarding status and trends, dolphin (Stenella longirostris), hooded of 1,000 kJ may be required. Each pile distribution and habitat preferences, seal (Cystophora cristata), and harp seal is expected to take up to two hours to and behavior and life history, of the (Pagophilus groenlandicus). As take of achieve the target penetration depth. potentially affected species. Additional these species is not anticipated as a Pile driving is expected to occur at a information regarding population trends result of the proposed activities, these rate of 40 blows per minute. A and threats may be found in NMFS’ species are not analyzed further in this maximum of 3,419 strikes would be Stock Assessment Reports (SARs; document. required to install the first foundation www.fisheries.noaa.gov/national/ Table 1 summarizes information and 4,819 strikes would be required to marine-mammal-protection/marine- related to the population or stock, install the second foundation, though mammal-stock-assessments) and more including regulatory status under the the actual number of blows anticipated general information about these species MMPA and ESA and potential for the first and second foundations may (e.g., physical and behavioral biological removal (PBR), where known. ultimately be less (the difference in the descriptions) may be found on NMFS’ For taxonomy, we follow Committee on number of strikes required for the two website (www.fisheries.noaa.gov/find- Taxonomy (2019). PBR is defined by the foundations is a result of variability in species). MMPA as the maximum number of soil conditions between the two WTG All species that could potentially animals, not including natural locations). One monopile would be occur in the proposed project area are mortalities, that may be removed from a driven at a time and a maximum of one included in Table 4–1 of the IHA marine mammal stock while allowing pile would be driven into the seabed per application. However, the temporal and/ that stock to reach or maintain its day. or spatial occurrence of several species When piles are driven with impact listed in Table 4–1 of the IHA optimum sustainable population (as hammers, they deform, sending a bulge application is such that take of these described in NMFS’ SARs). While no travelling down the pile that radiates species is not expected to occur either mortality is anticipated or authorized sound into the surrounding air, water, because they have very low densities in here, PBR is included here as a gross and seabed. The acoustic energy travels the project area and/or are extralimital indicator of the status of the species and into the water along different paths: to the proposed project area. These are: other threats. From the top of the pile where the The blue (Balaenoptera Marine mammal abundance estimates hammer hits, through the air, into the musculus), (Balaenoptera presented in this document represent water; from the top of the pile, down the physalus), sei whale (Balaenoptera the total number of individuals that pile, radiating into the air while borealis), North Atlantic right whale make up a given stock or the total travelling down the pile, from air into (Eubalaena glacialis), number estimated within a particular water; from the top of the pile, down the (Megaptera novaeangliae), minke whale study or survey area. NMFS’ stock pile, radiating directly into the water (Balaenoptera acutorostrata), Bryde’s abundance estimates for most species from the length of pile below the whale (Balaenoptera edeni), sperm represent the total estimate of waterline; and, down the pile radiating whale (Physeter macrocephalus), long- individuals within the geographic area, into the seafloor, travelling through the finned and short-finned pilot whale if known, that comprises that stock. For seafloor and radiating back into the (Globicephala spp.), Cuvier’s beaked some species, this geographic area may water. The underwater sound from pile whale (Ziphius cavirostris), four species extend beyond U.S. waters. All managed driving may be received by biological of Mesoplodont beaked whale stocks in this region are assessed in receivers such as marine mammals (Mesoplodon spp.), dwarf and pygmy NMFS’ U.S. Atlantic SARs. All values through the water. Underwater sound sperm whale (Kogia sima and Kogia presented in Table 1 are the most recent produced during impact pile driving breviceps), northern bottlenose whale available at the time of publication and during installation of the WTGs could (Hyperoodon ampullatus), pygmy killer are available in the 2019 draft Atlantic result in the incidental take of marine whale (Feresa attenuata), false killer SARs (Hayes et al., 2019), available mammals. whale (Pseudorca crassidens), melon- online at: www.fisheries.noaa.gov/ Proposed mitigation, monitoring, and headed whale (Peponocephala electra), national/marine-mammal-protection/ reporting measures are described in harbor porpoise (Phocoena phocoena), marine-mammal-stock-assessment- detail later in this document (please see Risso’s dolphin (Grampus griseus), reports-region. TABLE 1—MARINE MAMMALS KNOWN TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY DOMINION’S PROPOSED ACTIVITY

MMPA and ESA Stock Predicted Common name abundance Annual Occurrence in project Stock status; abundance PBR 4 (scientific name) (CV, N , most recent M/SI 4 area strategic min (CV) 3 abundance survey) 2 I (Y/N) 1 I I I I Toothed (Odontoceti)

Atlantic white-sided dol- W. North Atlantic ...... –; N 93,233(0.71; 54,443; n/a) 37,180 (0.07) 544 26 Common. phin. (Lagenorhynchus acutus) Common dolphin ...... W. North Atlantic ...... –; N 172,825 (0.21; 145,216; 86,098 (0.12) 1,452 419 Common. (Delphinus delphis) I 2011). I I

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TABLE 1—MARINE MAMMALS KNOWN TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY DOMINION’S PROPOSED ACTIVITY—Continued

MMPA Stock Predicted Common name and ESA abundance Annual Occurrence in project Stock status; abundance PBR 4 (scientific name) (CV, N , most recent M/SI 4 area strategic min (CV) 3 abundance survey) 2 (Y/N) 1

Atlantic spotted dolphin .... W. North Atlantic ...... –; N 39,921 (0.27; 32,032; 55,436 (0.32) 320 0 Common. (Stenella frontalis) 2012). Bottlenose dolphin ...... W. North Atlantic, Off- –; N 62,851 (0.23; 51,914; 5 97,476 (0.06) 519 28 Common offshore. (Tursiops truncatus) shore. 2011). W. North Atlantic, South- –; N 3,751 (0.06; 2,353; n/a) ...... 23 0–14.3 Common nearshore in ern Migratory Coastal. summer. Harbor porpoise ...... Gulf of Maine/Bay of –; N 79,833 (0.32; 61,415; 45,089 (0.12) 706 255 Common. (Phocoena phocoena) Fundy. 2011).

Earless seals (Phocidae)

Gray seal 6 ...... W. North Atlantic ...... –; N 27,131 (0.19; 23,158; n/ ...... 1,389 5,410 Common. (Halichoerus grypus) a). Harbor seal ...... W. North Atlantic ...... –; N 75,834 (0.15; 66,884; ...... 2,006 350 Common. (Phoca vitulina) I 2012). I 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (–) indicates that the species is not listed under the ESA or designated as de- pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is de- termined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 Stock abundance as reported in NMFS marine mammal stock assessment reports (SAR) except where otherwise noted. SARs available online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most re- cent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the esti- mate. All values presented here are from the 2019 draft Atlantic SARs (Hayes et al., 2019). 3 This information represents species- or guild-specific abundance predicted by recent habitat-based cetacean density models (Roberts et al., 2016, 2017, 2018). These models provide the best available scientific information regarding predicted density patterns of cetaceans in the U.S. Atlantic Ocean, and we provide the cor- responding abundance predictions as a point of reference. Total abundance estimates were produced by computing the mean density of all pixels in the modeled area and multiplying by its area. For those species marked with an asterisk, the available information supported development of either two or four seasonal models; each model has an associated abundance prediction. Here, we report the maximum predicted abundance. 4 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). Annual M/SI, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI values often cannot be determined precisely and is in some cases presented as a minimum value. All M/SI values are as presented in the draft 2019 SARs (Hayes et al., 2019). 5 Abundance estimates are in some cases reported for a guild or group of species when those species are difficult to differentiate at sea. Similarly, the habitat- based cetacean density models produced by Roberts et al. (2016, 2017, 2018) are based in part on available observational data which, in some cases, is limited to genus or guild in terms of taxonomic definition. Roberts et al. (2016, 2017, 2018) produced a density model for bottlenose dolphins that does not differentiate between offshore and coastal stocks. 6 NMFS stock abundance estimate applies to U.S. population only, actual stock abundance is approximately 505,000.

Below is a description of the species of Virginia to South Carolina. From June movements of the Southern Migratory that have the highest likelihood of through September, large numbers of Coastal stock are poorly understood and occurring in the project area and are white-sided dolphins are found from have been defined based on movement thus expected to potentially be taken by Georges Bank to the lower Bay of data from satellite-tag telemetry and the proposed activities. For the majority Fundy. From October to December, photo-ID studies, and stable isotope of species potentially present in the white-sided dolphins occur at studies. During the warm water months specific geographic region, NMFS has intermediate densities from southern of July–August, the stock is presumed to designated only a single generic stock Georges Bank to southern Gulf of Maine occupy coastal waters north of Cape (e.g., ‘‘western North Atlantic’’) for (Payne and Heinemann 1990). Lookout, North Carolina, to Assateague, management purposes. Virginia, including . Bottlenose Dolphin During the remainder of the year Atlantic White-Sided Dolphin There are two distinct bottlenose (September–June), the stock migrates White-sided dolphins are found in dolphin morphotypes in the western from southern North Carolina (south of temperate and sub-polar waters of the North Atlantic: the coastal and offshore Cape Lookout) to northern Florida North Atlantic, primarily in continental forms (Waring et al., 2016). The offshore (Hayes et al., 2017). The Western North shelf waters to the 100-m depth contour form is distributed primarily along the Atlantic offshore stock and Southern from central West Greenland to North outer continental shelf and continental Migratory Coastal stock may overlap to Carolina (Waring et al., 2016). The Gulf slope in the Northwest Atlantic Ocean some degree in the project area (Hayes of Maine stock is most common in from Georges Bank to the Florida Keys. et al., 2017). continental shelf waters from Hudson The coastal morphotype is Common Dolphin Canyon to Georges Bank, and in the Gulf morphologically and genetically distinct of Maine and lower Bay of Fundy. from the larger, more robust The common dolphin is found world- Sighting data indicate seasonal shifts in morphotype that occupies habitats wide in temperate to subtropical seas. In distribution (Northridge et al., 1997). further offshore. Spatial distribution the North Atlantic, common dolphins During January to May, low numbers of data, tag-telemetry studies, photo-ID are commonly found over the white-sided dolphins are found from studies and genetic studies demonstrate continental shelf between the 100-m Georges Bank to Jeffreys Ledge (off New the existence of a distinct Southern and 2,000-m isobaths and over Hampshire), with even lower numbers Migratory stock of coastal bottlenose prominent underwater topography and south of Georges Bank, as documented dolphins (Waring et al., 2014). The east to the mid-Atlantic Ridge (Waring by a few strandings collected on beaches spatial distribution and migratory et al., 2016).

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Atlantic Spotted Dolphin been added to the UME investigation. Ketten, 1999; Au and Hastings, 2008). Atlantic spotted dolphins are found in As of March, 2020 a total of 3,050 To reflect this, Southall et al. (2007) tropical and warm temperate waters reported strandings (of all species) had recommended that marine mammals be ranging from southern New England, occurred, including 10 strandings divided into functional hearing groups south to Gulf of Mexico and the reported in Virginia. Full or partial based on directly measured or estimated necropsy examinations have been Caribbean to Venezuela (Waring et al., hearing ranges on the basis of available conducted on some of the seals and 2014). This stock regularly occurs in behavioral response data, audiograms samples have been collected for testing. continental shelf waters south of Cape derived using auditory evoked potential Based on tests conducted thus far, the Hatteras and in continental shelf edge techniques, anatomical modeling, and main pathogen found in the seals is and continental slope waters north of other data. Note that no direct phocine distemper virus. NMFS is this region (Waring et al., 2014). There measurements of hearing ability have performing additional testing to identify are two forms of this species, with the been successfully completed for any other factors that may be involved larger ecotype inhabiting the continental mysticetes (i.e., low-frequency in this UME. Information on this UME shelf and is usually found inside or near cetaceans). Subsequently, NMFS (2016) is available online at: the 200 m isobaths (Waring et al., 2014). described generalized hearing ranges for www.fisheries.noaa.gov/new-england- these marine mammal hearing groups. Harbor Porpoise mid-atlantic/marine-life-distress/2018– Generalized hearing ranges were chosen 2019--unusual-mortality-event- The Gulf of Maine/Bay of Fundy stock based on the approximately 65 decibel along. is the only stock that may be present in (dB) threshold from the normalized the project area. This stock is found in Gray Seal composite audiograms, with the U.S. and Canadian Atlantic waters and exception for lower limits for low- There are three major populations of frequency cetaceans where the lower is concentrated in the northern Gulf of gray seals found in the world; eastern Maine and southern Bay of Fundy bound was deemed to be biologically Canada (western North Atlantic stock), implausible and the lower bound from region, generally in waters less than 150 northwestern Europe and the Baltic Sea. m deep (Waring et al., 2016). They are Southall et al. (2007) retained. The Gray seals in the project area belong to functional groups and the associated seen from the coastline to deep waters the western North Atlantic stock. The (>1800 m; Westgate et al. 1998), frequencies are indicated below (note range for this stock is thought to be from that these frequency ranges correspond although the majority of the population New Jersey to Labrador. Current is found over the continental shelf to the range for the composite group, population trends show that gray seal with the entire range not necessarily (Waring et al., 2016). The main threat to abundance is likely increasing in the the species is interactions with fisheries, reflecting the capabilities of every U.S. Atlantic EEZ (Waring et al., 2016). species within that group): with documented take in the U.S. Although the rate of increase is northeast sink gillnet, mid-Atlantic unknown, surveys conducted since their • Low-frequency cetaceans (mysticetes): gillnet, and northeast bottom trawl arrival in the 1980s indicate a steady Generalized hearing is estimated to occur between approximately 7 Hertz (Hz) and 35 fisheries and in the Canadian herring increase in abundance in both Maine weir fisheries (Waring et al., 2016). kilohertz (kHz); and Massachusetts (Waring et al., 2016). • Mid-frequency cetaceans (larger toothed Harbor Seal It is believed that recolonization by whales, beaked whales, and most Canadian gray seals is the source of the delphinids): Generalized hearing is estimated The harbor seal is found in all U.S. population (Waring et al., 2016). to occur between approximately 150 Hz and nearshore waters of the North Atlantic As described above, elevated seal 160 kHz; and North Pacific Oceans and adjoining mortalities, including gray seals, have • High-frequency cetaceans (porpoises, seas above about 30°N (Burns, 2009). In occurred from Maine to Virginia since river dolphins, and members of the genera the western North Atlantic, harbor seals July 2018. This event has been declared Kogia and Cephalorhynchus; including two are distributed from the eastern members of the genus Lagenorhynchus, on a UME, with phocine distemper virus the basis of recent echolocation data and Canadian Arctic and Greenland south to identified as the main pathogen found genetic data): Generalized hearing is southern New England and New York, in the seals. NMFS is performing estimated to occur between approximately and occasionally to the Carolinas additional testing to identify any other 275 Hz and 160 kHz; and (Waring et al., 2016). Haulout and factors that may be involved in this • in water; Phocidae (true pupping sites are located off Manomet, UME. Information on this UME is seals): Generalized hearing is estimated to MA and the Isles of Shoals, ME, but available online at: occur between approximately 50 Hz to 86 kH. generally do not occur in areas in www.fisheries.noaa.gov/new-england- The pinniped functional hearing southern New England (Waring et al., mid-atlantic/marine-life-distress/2018– group was modified from Southall et al. 2016). 2019-pinniped-unusual-mortality-event- (2007) on the basis of data indicating Since July 2018, elevated numbers of along. that phocid species have consistently harbor seal and gray seal mortalities demonstrated an extended frequency have occurred across Maine, New Marine Mammal Hearing range of hearing compared to otariids, Hampshire and Massachusetts. This Hearing is the most important sensory especially in the higher frequency range event has been declared a UME. modality for marine mammals (Hemila¨ et al., 2006; Kastelein et al., Additionally, stranded seals have underwater, and exposure to 2009; Reichmuth and Holt, 2013). shown clinical signs as far south as anthropogenic sound can have For more detail concerning these Virginia, although not in elevated deleterious effects. To appropriately groups and associated frequency ranges, numbers, therefore the UME assess the potential effects of exposure please see NMFS (2018) for a review of investigation now encompasses all seal to sound, it is necessary to understand available information. Fourteen marine strandings from Maine to Virginia. the frequency ranges marine mammals mammal species (twelve cetacean and Lastly, ice seals (harp and hooded seals) are able to hear. Current data indicate two pinniped (both phocid species) have also started stranding with clinical that not all marine mammal species have the reasonable potential to co- signs, again not in elevated numbers, have equal hearing capabilities (e.g., occur with the proposed activities (see and those two seal species have also Richardson et al., 1995; Wartzok and Table 3). Of the cetacean species that

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may be present, five are classified as variations in amplitude; therefore, a environment is typically loud due to low-frequency cetaceans (i.e., all relatively small change in dB ambient sound, which is defined as mysticete species), six are classified as corresponds to large changes in sound environmental background sound levels mid-frequency cetaceans (i.e., all pressure. The source level (SL) lacking a single source or point delphinid species and the sperm whale), represents the SPL referenced at a (Richardson et al., 1995). The sound and one is classified as a high-frequency distance of 1 m from the source level of a region is defined by the total cetacean (i.e., harbor porpoise). (referenced to 1 mPa), while the received acoustical energy being generated by level is the SPL at the listener’s position Potential Effects of Specified Activities known and unknown sources. These (referenced to 1 mPa). on Marine Mammals and Their Habitat sources may include physical (e.g., Root mean square (rms) is the wind and waves, earthquakes, ice, This section includes a summary and quadratic mean sound pressure over the atmospheric sound), biological (e.g., discussion of the ways that components duration of an impulse. Root mean sounds produced by marine mammals, of the specified activity may impact square is calculated by squaring all of fish, and invertebrates), and marine mammals and their habitat. The the sound amplitudes, averaging the anthropogenic (e.g., vessels, dredging, Estimated Take section later in this squares, and then taking the square root construction) sound. A number of document includes a quantitative of the average (Urick, 1983). Root mean sources contribute to ambient sound, analysis of the number of individuals square accounts for both positive and including wind and waves, which are a that are expected to be taken by this 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 hertz (Hz) and 50 kilohertz (kHz) content of this section, the Estimated of pressure levels (Hastings and Popper, (Mitson, 1995). In general, ambient Take section, and the Proposed 2005). This measurement is often used sound levels tend to increase with Mitigation section, to draw conclusions in the context of discussing behavioral increasing wind speed and wave height. regarding the likely impacts of these effects, in part because behavioral Precipitation can become an important activities on the reproductive success or effects, which often result from auditory component of total sound at frequencies survivorship of individuals and how cues, may be better expressed through above 500 Hz, and possibly down to 100 those impacts on individuals are likely averaged units than by peak pressures. Hz during quiet times. Marine mammals to impact marine mammal species or Sound exposure level (SEL; 2 can contribute significantly to ambient stocks. represented as dB re 1 mPa -s) represents sound levels, as can some fish and the total energy in a stated frequency Description of Sound Sources snapping shrimp. The frequency band band over a stated time interval or This section contains a brief technical for biological contributions is from event, and considers both intensity and approximately 12 Hz to over 100 kHz. background on sound, on the duration of exposure. The per-pulse SEL Sources of ambient sound related to characteristics of certain sound types, is calculated over the time window human activity include transportation and on metrics used in this proposal containing the entire pulse (i.e., 100 (surface vessels), dredging and inasmuch as the information is relevant percent of the acoustic energy). SEL is construction, oil and gas drilling and to the specified activity and to a a cumulative metric; it can be production, geophysical surveys, sonar, discussion of the potential effects of the accumulated over a single pulse, or and explosions. Vessel noise typically specified activity on marine mammals calculated over periods containing dominates the total ambient sound for found later in this document. For multiple pulses. Cumulative SEL frequencies between 20 and 300 Hz. In general information on sound and its represents the total energy accumulated general, the frequencies of interaction with the marine by a receiver over a defined time environment, please see, e.g., Au and window or during an event. Peak sound anthropogenic sounds are below 1 kHz Hastings (2008); Richardson et al. pressure (also referred to as zero-to-peak and, if higher frequency sound levels (1995); Urick (1983). sound pressure or 0-pk) is the maximum are created, they attenuate rapidly. Sound travels in waves, the basic instantaneous sound pressure The sum of the various natural and components of which are frequency, measurable in the water at a specified anthropogenic sound sources that wavelength, velocity, and amplitude. distance from the source, and is comprise ambient sound at any given Frequency is the number of pressure represented in the same units as the rms location and time depends not only on waves that pass by a reference point per sound pressure. the source levels (as determined by unit of time and is measured in hertz When underwater objects vibrate or current weather conditions and levels of (Hz) or cycles per second. Wavelength is activity occurs, sound-pressure waves biological and human activity) but also the distance between two peaks or are created. These waves alternately on the ability of sound to propagate corresponding points of a sound wave compress and decompress the water as through the environment. In turn, sound (length of one cycle). Higher frequency the sound wave travels. Underwater propagation is dependent on the sounds have shorter wavelengths than sound waves radiate in a manner similar spatially and temporally varying lower frequency sounds, and typically to ripples on the surface of a pond and properties of the water column and sea attenuate (decrease) more rapidly, may be either directed in a beam or floor, and is frequency-dependent. As a except in certain cases in shallower beams or may radiate in all directions result of the dependence on a large water. Amplitude is the height of the (omnidirectional sources), as is the case number of varying factors, ambient sound pressure wave or the ‘‘loudness’’ for sound produced by the pile driving sound levels can be expected to vary of a sound and is typically described activity considered here. The widely over both coarse and fine spatial using the relative unit of the decibel compressions and decompressions and temporal scales. Sound levels at a (dB). A sound pressure level (SPL) in dB associated with sound waves are given frequency and location can vary is described as the ratio between a detected as changes in pressure by by 10–20 decibels (dB) from day to day measured pressure and a reference aquatic life and man-made sound (Richardson et al., 1995). The result is pressure (for underwater sound, this is receptors such as hydrophones. that, depending on the source type and 1 microPascal (mPa)), and is a Even in the absence of sound from the its intensity, sound from the specified logarithmic unit that accounts for large specified activity, the underwater activity may be a negligible addition to

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the local environment or could form a extended in a highly reverberant these zones to a certain extent is the distinctive signal that may affect marine environment. area within which masking (i.e., when a mammals. Underwater ambient sound sound interferes with or masks the Acoustic Effects in the Atlantic Ocean offshore Virginia ability of an animal to detect a signal of is comprised of sounds produced by a We previously provided general interest that is above the absolute number of natural and anthropogenic background information on marine hearing threshold) may occur; the sources. Human-generated sound is a mammal hearing (see ‘‘Description of masking zone may be highly variable in significant contributor to the ambient Marine Mammals in the Area of the size. acoustic environment in the project Specified Activity’’). Here, we discuss We describe the more severe effects location. Details of source types are the potential effects of sound on marine (i.e., certain non-auditory physical or described in the following text. mammals. physiological effects) only briefly as we Sounds are often considered to fall Potential Effects of Underwater do not expect that there is a reasonable into one of two general types: Pulsed Sound—Note that, in the following likelihood that pile driving may result and non-pulsed (defined in the discussion, we refer in many cases to a in such effects (see below for further review article concerning studies of following). The distinction between discussion). Potential effects from noise-induced hearing loss conducted these two sound types is important impulsive sound sources can range in from 1996–2015 (i.e., Finneran, 2015). because they have differing potential to severity from effects such as behavioral For study-specific citations, please see cause physical effects, particularly with disturbance or tactile perception to that work. Anthropogenic sounds cover regard to hearing (e.g., Ward, 1997 in physical discomfort, slight injury of the a broad range of frequencies and sound Southall et al., 2007). Please see internal organs and the auditory system, levels and can have a range of highly Southall et al. (2007) for an in-depth or mortality (Yelverton et al., 1973). variable impacts on marine life, from discussion of these concepts. The Non-auditory physiological effects or none or minor to potentially severe distinction between these two sound injuries that theoretically might occur in responses, depending on received marine mammals exposed to high level types is not always obvious, as certain levels, duration of exposure, behavioral signals share properties of both pulsed context, and various other factors. The underwater sound or as a secondary and non-pulsed sounds. A signal near a potential effects of underwater sound effect of extreme behavioral reactions source could be categorized as a pulse, from active acoustic sources can (e.g., change in dive profile as a result but due to propagation effects as it potentially result in one or more of the of an avoidance reaction) caused by moves farther from the source, the following: Temporary or permanent exposure to sound include neurological signal duration becomes longer (e.g., hearing impairment, non-auditory effects, bubble formation, resonance Greene and Richardson, 1988). physical or physiological effects, effects, and other types of organ or Pulsed sound sources (e.g., airguns, behavioral disturbance, stress, and tissue damage (Cox et al., 2006; Southall explosions, gunshots, sonic booms, masking (Richardson et al., 1995; et al., 2007; Zimmer and Tyack, 2007; impact pile driving) produce signals Gordon et al., 2004; Nowacek et al., Tal et al., 2015). The construction that are brief (typically considered to be 2007; Southall et al., 2007; Go¨tz et al., activities considered here do not less than one second), broadband, atonal 2009). The degree of effect is involve the use of devices such as transients (ANSI, 1986, 2005; Harris, intrinsically related to the signal explosives or mid-frequency tactical 1998; NIOSH, 1998; ISO, 2003) and characteristics, received level, distance sonar that are associated with these occur either as isolated events or from the source, and duration of the types of effects. repeated in some succession. Pulsed sound exposure. In general, sudden, Threshold Shift—Marine mammals sounds are all characterized by a high level sounds can cause hearing exposed to high-intensity sound, or to relatively rapid rise from ambient loss, as can longer exposures to lower lower-intensity sound for prolonged pressure to a maximal pressure value level sounds. Temporary or permanent periods, can experience hearing followed by a rapid decay period that loss of hearing will occur almost threshold shift (TS), which is the loss of may include a period of diminishing, exclusively for noise within an animal’s hearing sensitivity at certain frequency oscillating maximal and minimal hearing range. We first describe specific ranges (Finneran, 2015). TS can be pressures, and generally have an manifestations of acoustic effects before permanent (PTS), in which case the loss increased capacity to induce physical providing discussion specific to pile of hearing sensitivity is not fully injury as compared with sounds that driving. recoverable, or temporary (TTS), in lack these features. The impulsive Richardson et al. (1995) described which case the animal’s hearing sound generated by impact hammers is zones of increasing intensity of effect threshold would recover over time characterized by rapid rise times and that might be expected to occur, in (Southall et al., 2007). Repeated sound high peak levels. relation to distance from a source and exposure that leads to TTS could cause Non-pulsed sounds can be tonal, assuming that the signal is within an PTS. In severe cases of PTS, there can narrowband, or broadband, brief or animal’s hearing range. First is the area be total or partial deafness, while in prolonged, and may be either within which the acoustic signal would most cases the animal has an impaired continuous or intermittent (ANSI, 1995; be audible (potentially perceived) to the ability to hear sounds in specific NIOSH, 1998). Some of these non- animal but not strong enough to elicit frequency ranges (Kryter, 1985). pulsed sounds can be transient signals any overt behavioral or physiological When PTS occurs, there is physical of short duration but without the response. The next zone corresponds damage to the sound receptors in the ear essential properties of pulses (e.g., rapid with the area where the signal is audible (i.e., tissue damage), whereas TTS rise time). Examples of non-pulsed to the animal and of sufficient intensity represents primarily tissue fatigue and sounds include those produced by to elicit behavioral or physiological is reversible (Southall et al., 2007). In vessels, aircraft, machinery operations responsiveness. Third is a zone within addition, other investigators have such as drilling or dredging, vibratory which, for signals of high intensity, the suggested that TTS is within the normal pile driving, and active sonar systems. received level is sufficient to potentially bounds of physiological variability and The duration of such sounds, as cause discomfort or tissue damage to tolerance and does not represent received at a distance, can be greatly auditory or other systems. Overlaying physical injury (e.g., Ward, 1997).

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Therefore, NMFS does not consider TTS Currently, TTS data only exist for four Habituation can occur when an to constitute auditory injury. species of cetaceans (bottlenose animal’s response to a stimulus wanes Relationships between TTS and PTS dolphin, beluga whale (Delphinapterus with repeated exposure, usually in the thresholds have not been studied in leucas), harbor porpoise, and Yangtze absence of unpleasant associated events marine mammals, and there is no PTS finless porpoise (Neophocoena (Wartzok et al., 2003). Animals are most data for cetaceans, but such asiaeorientalis)) and three species of likely to habituate to sounds that are relationships are assumed to be similar pinnipeds (northern elephant seal predictable and unvarying. It is to those in humans and other terrestrial (Mirounga angustirostris), harbor seal, important to note that habituation is mammals. PTS typically occurs at and California sea lion (Zalophus appropriately considered as a exposure levels at least several decibels californianus)) exposed to a limited ‘‘progressive reduction in response to above (a 40-dB threshold shift number of sound sources (i.e., mostly stimuli that are perceived as neither approximates PTS onset; e.g., Kryter et tones and octave-band noise) in aversive nor beneficial,’’ rather than as, al., 1966; Miller, 1974) that inducing laboratory settings (Finneran, 2015). more generally, moderation in response mild TTS (a 6-dB threshold shift TTS was not observed in trained spotted to human disturbance (Bejder et al., approximates TTS onset; e.g., Southall (Phoca largha) and ringed (Pusa 2009). The opposite process is et al. 2007). Based on data from hispida) seals exposed to impulsive sensitization, when an unpleasant terrestrial mammals, a precautionary noise at levels matching previous experience leads to subsequent assumption is that the PTS thresholds predictions of TTS onset (Reichmuth et responses, often in the form of for impulse sounds (such as impact pile al., 2016). In general, harbor seals and avoidance, at a lower level of exposure. driving pulses as received close to the harbor porpoises have a lower TTS As noted, behavioral state may affect the source) are at least 6 dB higher than the onset than other measured pinniped or type of response. For example, animals TTS threshold on a peak-pressure basis cetacean species (Finneran, 2015). that are resting may show greater and PTS cumulative sound exposure Additionally, the existing marine behavioral change in response to level thresholds are 15 to 20 dB higher mammal TTS data come from a limited disturbing sound levels than animals than TTS cumulative sound exposure number of individuals within these that are highly motivated to remain in level thresholds (Southall et al., 2007). species. There are no data available on an area for feeding (Richardson et al., Given the higher level of sound or noise-induced hearing loss for 1995; NRC, 2003; Wartzok et al., 2003). longer exposure duration necessary to mysticetes. For summaries of data on Controlled experiments with captive cause PTS as compared with TTS, it is TTS in marine mammals or for further marine mammals have showed considerably less likely that PTS could discussion of TTS onset thresholds, pronounced behavioral reactions, occur. please see Southall et al. (2007), including avoidance of loud sound TTS is the mildest form of hearing Finneran and Jenkins (2012), Finneran sources (Ridgway et al., 1997; Finneran impairment that can occur during (2015), and NMFS (2018). et al., 2003). Observed responses of wild exposure to sound (Kryter, 1985). While Behavioral Effects—Behavioral marine mammals to loud pulsed sound experiencing TTS, the hearing threshold disturbance may include a variety of sources (typically airguns or acoustic rises, and a sound must be at a higher effects, including subtle changes in harassment devices) have been varied level in order to be heard. In terrestrial behavior (e.g., minor or brief avoidance but often consist of avoidance behavior and marine mammals, TTS can last from of an area or changes in vocalizations), or other behavioral changes suggesting minutes or hours to days (in cases of more conspicuous changes in similar discomfort (Morton and Symonds, 2002; strong TTS). In many cases, hearing behavioral activities, and more see also Richardson et al., 1995; sensitivity recovers rapidly after sustained and/or potentially severe Nowacek et al., 2007). However, many exposure to the sound ends. Few data reactions, such as displacement from or delphinids approach low-frequency on sound levels and durations necessary abandonment of high-quality habitat. airgun source vessels with no apparent to elicit mild TTS have been obtained Behavioral responses to sound are discomfort or obvious behavioral change for marine mammals. highly variable and context-specific and (e.g., Barkaszi et al., 2012), indicating Marine mammal hearing plays a any reactions depend on numerous the importance of frequency output in critical role in communication with intrinsic and extrinsic factors (e.g., relation to the species’ hearing conspecifics, and interpretation of species, state of maturity, experience, sensitivity. environmental cues for purposes such current activity, reproductive state, Available studies show wide variation as predator avoidance and prey capture. auditory sensitivity, time of day), as in response to underwater sound; Depending on the degree (elevation of well as the interplay between factors therefore, it is difficult to predict threshold in dB), duration (i.e., recovery (e.g., Richardson et al., 1995; Wartzok et specifically how any given sound in a time), and frequency range of TTS, and al., 2003; Southall et al., 2007; Weilgart, particular instance might affect marine the context in which it is experienced, 2007; Archer et al., 2010). Behavioral mammals perceiving the signal. If a TTS can have effects on marine reactions can vary not only among marine mammal does react briefly to an mammals ranging from discountable to individuals but also within an underwater sound by changing its serious. For example, a marine mammal individual, depending on previous behavior or moving a small distance, the may be able to readily compensate for experience with a sound source, impacts of the change are unlikely to be a brief, relatively small amount of TTS context, and numerous other factors significant to the individual, let alone in a non-critical frequency range that (Ellison et al., 2012), and can vary the stock or population. However, if a occurs during a time where ambient depending on characteristics associated sound source displaces marine noise is lower and there are not as many with the sound source (e.g., whether it mammals from an important feeding or competing sounds present. is moving or stationary, number of breeding area for a prolonged period, Alternatively, a larger amount and sources, distance from the source). impacts on individuals and populations longer duration of TTS sustained during Please see Appendices B–C of Southall could be significant (e.g., Lusseau and time when communication is critical for et al. (2007) for a review of studies Bejder, 2007; Weilgart, 2007; NRC, successful mother/calf interactions involving marine mammal behavioral 2005). However, there are broad could have more serious impacts. responses to sound. categories of potential response, which

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we describe in greater detail here, that 2005, 2006; Gailey et al., 2007; Gailey et England, 2001). However, it should be include alteration of dive behavior, al., 2016). noted that response to a perceived alteration of foraging behavior, effects to Marine mammals vocalize for predator does not necessarily invoke breathing, interference with or alteration different purposes and across multiple flight (Ford and Reeves, 2008), and of vocalization, avoidance, and flight. modes, such as whistling, echolocation whether individuals are solitary or in Changes in dive behavior can vary click production, calling, and singing. groups may influence the response. widely and may consist of increased or Changes in vocalization behavior in Behavioral disturbance can also decreased dive times and surface response to anthropogenic noise can impact marine mammals in more subtle intervals as well as changes in the rates occur for any of these modes and may ways. Increased vigilance may result in of ascent and descent during a dive (e.g., result from a need to compete with an costs related to diversion of focus and Frankel and Clark, 2000; Costa et al., increase in background noise or may attention (i.e., when a response consists 2003; Ng and Leung, 2003; Nowacek et reflect increased vigilance or a startle of increased vigilance, it may come at al.; 2004; Goldbogen et al., 2013a, response. For example, in the presence the cost of decreased attention to other 2013b). Variations in dive behavior may of potentially masking signals, critical behaviors such as foraging or reflect interruptions in biologically humpback whales and killer whales resting). These effects have generally not significant activities (e.g., foraging) or have been observed to increase the been demonstrated for marine they may be of little biological length of their songs (Miller et al., 2000; mammals, but studies involving fish significance. The impact of an alteration Fristrup et al., 2003; Foote et al., 2004), and terrestrial animals have shown that to dive behavior resulting from an while right whales have been observed increased vigilance may substantially acoustic exposure depends on what the to shift the frequency content of their reduce feeding rates (e.g., Beauchamp animal is doing at the time of the calls upward while reducing the rate of and Livoreil, 1997; Fritz et al., 2002; exposure and the type and magnitude of calling in areas of increased Purser and Radford, 2011). In addition, the response. anthropogenic noise (Parks et al., 2007). chronic disturbance can cause Disruption of feeding behavior can be In some cases, animals may cease sound population declines through reduction production during production of of fitness (e.g., decline in body difficult to correlate with anthropogenic aversive signals (Bowles et al., 1994). condition) and subsequent reduction in sound exposure, so it is usually inferred Avoidance is the displacement of an reproductive success, survival, or both by observed displacement from known individual from an area or migration (e.g., Harrington and Veitch, 1992; Daan foraging areas, the appearance of path as a result of the presence of a et al., 1996; Bradshaw et al., 1998). secondary indicators (e.g., bubble nets sound or other stressors, and is one of However, Ridgway et al. (2006) reported or sediment plumes), or changes in dive the most obvious manifestations of that increased vigilance in bottlenose behavior. As for other types of disturbance in marine mammals dolphins exposed to sound over a five- behavioral response, the frequency, (Richardson et al., 1995). For example, day period did not cause any sleep duration, and temporal pattern of signal gray whales are known to change deprivation or stress effects. presentation, as well as differences in direction—deflecting from customary Many animals perform vital functions, species sensitivity, are likely migratory paths—in order to avoid noise such as feeding, resting, traveling, and contributing factors to differences in from airgun surveys (Malme et al., socializing, on a diel cycle (24-hour response in any given circumstance 1984). Avoidance may be short-term, cycle). Disruption of such functions (e.g., Croll et al., 2001; Nowacek et al.; with animals returning to the area once resulting from reactions to stressors 2004; Madsen et al., 2006; Yazvenko et the noise has ceased (e.g., Bowles et al., such as sound exposure are more likely al., 2007). A determination of whether 1994; Goold, 1996; Stone et al., 2000; to be significant if they last more than foraging disruptions incur fitness Morton and Symonds, 2002; Gailey et one diel cycle or recur on subsequent consequences would require al., 2007). Longer-term displacement is days (Southall et al., 2007). information on or estimates of the possible, however, which may lead to Consequently, a behavioral response energetic requirements of the affected changes in abundance or distribution lasting less than one day and not individuals and the relationship patterns of the affected species in the recurring on subsequent days is not between prey availability, foraging effort affected region if habituation to the considered particularly severe unless it and success, and the life history stage of presence of the sound does not occur could directly affect reproduction or the animal. (e.g., Blackwell et al., 2004; Bejder et al., survival (Southall et al., 2007). Note that Variations in respiration naturally 2006; Teilmann et al., 2006). there is a difference between multi-day vary with different behaviors and A flight response is a dramatic change substantive behavioral reactions and alterations to breathing rate as a in normal movement to a directed and multi-day anthropogenic activities. For function of acoustic exposure can be rapid movement away from the example, just because an activity lasts expected to co-occur with other perceived location of a sound source. for multiple days does not necessarily behavioral reactions, such as a flight The flight response differs from other mean that individual animals are either response or an alteration in diving. avoidance responses in the intensity of exposed to activity-related stressors for However, respiration rates in and of the response (e.g., directed movement, multiple days or, further, exposed in a themselves may be representative of rate of travel). Relatively little manner resulting in sustained multi-day annoyance or an acute stress response. information on flight responses of substantive behavioral responses. Various studies have shown that marine mammals to anthropogenic Stress Responses—An animal’s respiration rates may either be signals exist, although observations of perception of a threat may be sufficient unaffected or could increase, depending flight responses to the presence of to trigger stress responses consisting of on the species and signal characteristics, predators have occurred (Connor and some combination of behavioral again highlighting the importance in Heithaus, 1996). The result of a flight responses, autonomic nervous system understanding species differences in the response could range from brief, responses, neuroendocrine responses, or tolerance of underwater noise when temporary exertion and displacement immune responses (e.g., Seyle, 1950; determining the potential for impacts from the area where the signal provokes Moberg, 2000). In many cases, an resulting from anthropogenic sound flight to, in extreme cases, marine animal’s first and sometimes most exposure (e.g., Kastelein et al., 2001, mammal strandings (Evans and economical (in terms of energetic costs)

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response is behavioral avoidance of the some of these would be classified as and may result in energetic or other potential stressor. Autonomic nervous ‘‘distress.’’ In addition, any animal costs as animals change their system responses to stress typically experiencing TTS would likely also vocalization behavior (e.g., Miller et al., involve changes in heart rate, blood experience stress responses (NRC, 2000; Foote et al., 2004; Parks et al., pressure, and gastrointestinal activity. 2003). 2007; Di Iorio and Clark, 2009; Holt et These responses have a relatively short Auditory Masking—Sound can al., 2009). Masking can be reduced in duration and may or may not have a disrupt behavior through masking, or situations where the signal and noise significant long-term effect on an interfering with, an animal’s ability to come from different directions animal’s fitness. detect, recognize, or discriminate (Richardson et al., 1995), through Neuroendocrine stress responses often between acoustic signals of interest (e.g., amplitude modulation of the signal, or involve the hypothalamus-pituitary- those used for intraspecific through other compensatory behaviors adrenal system. Virtually all communication and social interactions, (Houser and Moore, 2014). Masking can neuroendocrine functions that are prey detection, predator avoidance, be tested directly in captive species affected by stress—including immune navigation) (Richardson et al., 1995; (e.g., Erbe, 2008), but in wild competence, reproduction, metabolism, Erbe et al., 2016). Masking occurs when populations it must be either modeled and behavior—are regulated by pituitary the receipt of a sound is interfered with or inferred from evidence of masking hormones. Stress-induced changes in by another coincident sound at similar compensation. There are few studies the secretion of pituitary hormones have frequencies and at similar or higher addressing real-world masking sounds been implicated in failed reproduction, intensity, and may occur whether the likely to be experienced by marine altered metabolism, reduced immune sound is natural (e.g., snapping shrimp, mammals in the wild (e.g., Branstetter et competence, and behavioral disturbance wind, waves, precipitation) or al., 2013). (e.g., Moberg, 1987; Blecha, 2000). anthropogenic (e.g., shipping, sonar, Masking affects both senders and Increases in the circulation of seismic exploration) in origin. The receivers of acoustic signals and can glucocorticoids are also equated with ability of a noise source to mask potentially have long-term chronic stress (Romano et al., 2004). biologically important sounds depends effects on marine mammals at the The primary distinction between on the characteristics of both the noise population level as well as at the stress (which is adaptive and does not source and the signal of interest (e.g., individual level. Low-frequency normally place an animal at risk) and signal-to-noise ratio, temporal ambient sound levels have increased by ‘‘distress’’ is the cost of the response. variability, direction), in relation to each as much as 20 dB (more than three times During a stress response, an animal uses other and to an animal’s hearing in terms of SPL) in the world’s ocean glycogen stores that can be quickly abilities (e.g., sensitivity, frequency from pre-industrial periods, with most replenished once the stress is alleviated. range, critical ratios, frequency of the increase from distant commercial In such circumstances, the cost of the discrimination, directional shipping (Hildebrand, 2009). All stress response would not pose serious discrimination, age or TTS hearing loss), anthropogenic sound sources, but fitness consequences. However, when and existing ambient noise and especially chronic and lower-frequency an animal does not have sufficient propagation conditions. signals (e.g., from vessel traffic), energy reserves to satisfy the energetic Under certain circumstances, marine contribute to elevated ambient sound costs of a stress response, energy mammals experiencing significant levels, thus intensifying masking. resources must be diverted from other masking could also be impaired from Potential Effects of the Specified functions. This state of distress will last maximizing their performance fitness in Activity—As described previously (see until the animal replenishes its survival and reproduction. Therefore, ‘‘Description of Active Acoustic Sound energetic reserves sufficient to restore when the coincident (masking) sound is Sources’’), Dominion proposes to normal function. man-made, it may be considered conduct pile driving. The effects of pile Relationships between these harassment if disrupting behavioral driving on marine mammals are physiological mechanisms, animal patterns. It is important to distinguish dependent on several factors, including behavior, and the costs of stress TTS and PTS, which persist after the the size, type, and depth of the animal; responses are well studied through sound exposure, from masking, which the depth, intensity, and duration of the controlled experiments and for both occurs during the sound exposure. pile driving sound; the depth of the laboratory and free-ranging animals Because masking (without resulting in water column; the substrate of the (e.g., Holberton et al., 1996; Hood et al., TS) is not associated with abnormal habitat; the distance between the pile 1998; Jessop et al., 2003; Krausman et physiological function, it is not and the animal; and the sound al., 2004; Lankford et al., 2005). Stress considered a physiological effect, but propagation properties of the responses due to exposure to rather a potential behavioral effect. environment. anthropogenic sounds or other stressors The frequency range of the potentially Noise generated by impact pile and their effects on marine mammals masking sound is important in driving consists of regular, pulsed have also been reviewed (Fair and determining any potential behavioral sounds of short duration. These pulsed Becker, 2000; Romano et al., 2002b) impacts. For example, low-frequency sounds are typically high energy with and, more rarely, studied in wild signals may have less effect on high- fast rise times. Exposure to these sounds populations (e.g., Romano et al., 2002a). frequency echolocation sounds may result in harassment depending on For example, Rolland et al. (2012) found produced by odontocetes but are more proximity to the sound source and a that noise reduction from reduced ship likely to affect detection of mysticete variety of environmental and biological traffic in the Bay of Fundy was communication calls and other conditions (Dahl et al. 2015; Nedwell et associated with decreased stress in potentially important natural sounds al., 2007). Illingworth & Rodkin (2007) North Atlantic right whales. These and such as those produced by surf and measured an unattenuated sound other studies lead to a reasonable some prey species. The masking of pressure within 10 m (33 ft) at a peak expectation that some marine mammals communication signals by of 220 dB re 1 mPa for a 2.4 m (96 in) will experience physiological stress anthropogenic noise may be considered steel pile driven by an impact hammer. responses upon exposure to acoustic as a reduction in the communication Studies of underwater sound from pile stressors and that it is possible that space of animals (e.g., Clark et al., 2009) driving finds that most of the acoustic

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energy is below one to two kHz, with survey data at a larger scale (Brandt et Taken as a whole, the available broadband sound energy near the source al., 2016). Despite extensive literature suggests harbor seals and (40 Hz to >40 kHz) and only low- construction activities over the study harbor porpoises have shown avoidance frequency energy (<∼400 Hz) at longer period and an increase in these of pile driving at offshore wind projects ranges (Bailey et al., 2010; Erbe, 2009; activities over time, there was no long- during the construction phase in some Illingworth & Rodkin, 2007). There is term negative trend in acoustic porpoise instances, with the duration of typically a decrease in sound pressure detections or densities within any of the avoidance varying greatly, and with re- and an increase in pulse duration the subareas studied. In some areas, PAM population of the area generally greater the distance from the noise data even detected a positive trend from occurring post-construction. The source (Bailey et al., 2010). Maximum 2010 to 2013. Even though clear literature suggests that marine mammal noise levels from pile driving usually negative short-term effects (1–2 days in responses to pile driving in the offshore occur during the last stage of driving duration) of offshore wind farm environment are not predictable and each pile where the highest hammer construction were found (based on may be context-dependent. It should energy levels are used (Betke, 2008). acoustic porpoise detections), the also be noted that the only studies Available information on impacts to authors found no indication that harbor available on marine mammal responses marine mammals from pile driving porpoises within the German Bight were to offshore wind-related pile driving associated with offshore wind is limited negatively affected by wind farm have focused on species which are to information on harbor porpoises and construction at the population level known to be more behaviorally sensitive seals, as the vast majority of this (Brandt et al., 2016). to auditory stimuli than the other research has occurred at European Monitoring of harbor porpoises before species that occur in the project area. offshore wind projects where large and after construction at the Egmond Therefore, the documented behavioral whales are uncommon. Harbor aan Zee offshore wind project in the responses of harbor porpoises and porpoises, one of the most behaviorally Dutch North Sea showed that more harbor seals to pile driving in Europe sensitive cetaceans, have received porpoises were found in the wind should be considered as a worst case particular attention in European waters project area compared to two reference scenario in terms of the potential due to their protection under the areas post-construction, leading the responses among all marine mammals to European Union Habitats Directive (EU authors to conclude that this effect was offshore pile driving, and these 1992, Annex IV) and the threats they linked to the presence of the wind responses cannot reliably predict the face as a result of fisheries bycatch. project, likely due to increased food responses that will occur in other Brandt et al. (2016) summarized the availability as well as the exclusion of species. effects of the construction of eight fisheries and reduced vessel traffic in The onset of behavioral disturbance offshore wind projects within the the wind project (Lindeboom et al., from anthropogenic sound depends on German North Sea between 2009 and 2013). The available literature indicates both external factors (characteristics of 2013 on harbor porpoises, combining harbor porpoise avoidance of pile sound sources and their paths) and the PAM data from 2010–2013 and aerial driving at offshore wind projects has specific characteristics of the receiving surveys from 2009–2013 with data on occurred during the construction phase. animals (hearing, motivation, noise levels associated with pile Where long term monitoring has been experience, demography) and is difficult driving. Baseline analyses were conducted, harbor porpoises have re- to predict (Southall et al., 2007). It is conducted initially to identify the populated the wind farm areas after possible that the onset of pile driving seasonal distribution of porpoises in construction ceased, with the time it could result in temporary, short-term different geographic subareas. Results of takes to re-populate the area varying changes in an animal’s typical the analysis revealed significant somewhat, indicating that while there behavioral patterns and/or temporary declines in porpoise detections during are short-term impacts to porpoises avoidance of the affected area. These pile driving when compared to 25–48 during construction, population-level or behavioral changes may include hours before pile driving began, with long-term impacts are unlikely. (Richardson et al., 1995): changing the magnitude of decline during pile Harbor seals are also a particularly durations of surfacing and dives, driving clearly decreasing with behaviorally sensitive species. A harbor number of blows per surfacing, or increasing distances to the construction seal telemetry study off the East coast of moving direction and/or speed; site. During the majority of projects England found that seal abundance was reduced/increased vocal activities; significant declines in detections (by at significantly reduced up to 25 km from changing/cessation of certain behavioral least 20 percent) were found within at WTG pile driving during construction, activities (such as socializing or least 5–10 km of the pile driving site, but found no significant displacement feeding); visible startle response or with declines at up to 20–30 km of the resulted from construction overall as the aggressive behavior (such as tail/fluke pile driving site documented in some seals’ distribution was consistent with slapping or jaw clapping); avoidance of cases. Such differences between the non-piling scenario within two areas where sound sources are located; responses at the different projects could hours of cessation of pile driving and/or flight responses. The biological not be explained by differences in noise (Russell et al., 2016). Based on two years significance of many of these behavioral levels alone and may be associated of monitoring at the Egmond aan Zee disturbances is difficult to predict, instead with a relatively high quality of offshore wind project in the Dutch especially if the detected disturbances feeding habitat and a lower motivation North Sea, satellite telemetry, while appear minor. However, the of porpoises to leave the noise impacted inconclusive, seemed to show that consequences of behavioral area in certain locations, though the harbor seals avoided an area up to 40 modification could be expected to be authors were unable to determine exact km from the construction site during biologically significant if the change reasons for the apparent differences. pile driving, though the seals were affects growth, survival, or There were no indications for a documented inside the wind farm after reproduction. Significant behavioral population decline of harbor porpoises construction ended, indicating any modifications that could lead to effects over the five year study period based on avoidance was temporary (Lindeboom et on growth, survival, or reproduction, analyses of daily PAM data and aerial al., 2013). such as drastic changes in diving/

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surfacing patterns or significant habitat quality and visibility for a short amount et al., 2001; Jorgenson and Gyselman, abandonment are considered extremely of time, without any expected effects on 2009; Cott et al., 2012). More unlikely in the case of the proposed individual marine mammals. Impacts to commonly, though, the impacts of noise project, as it is expected that mitigation substrate are therefore not discussed on fish are temporary. measures, including clearance zones further. SPLs of sufficient strength have been and soft start (described in detail below, Effects to Prey—Sound may affect known to cause injury to fish and fish see ‘‘Proposed Mitigation Measures’’) marine mammals through impacts on mortality. However, in most fish will minimize the potential for marine the abundance, behavior, or distribution species, hair cells in the ear mammals to be exposed to sound levels of prey species (e.g., crustaceans, continuously regenerate and loss of that would result in more extreme cephalopods, fish, zooplankton). Marine auditory function likely is restored behavioral responses. In addition, mammal prey varies by species, season, when damaged cells are replaced with marine mammals in the project area are and location and, for some, is not well new cells. Halvorsen et al. (2012a) expected to avoid any area that would documented. Here, we describe studies showed that a TTS of 4–6 dB was be ensonified at sound levels high regarding the effects of noise on known recoverable within 24 hours for one enough for the potential to result in marine mammal prey. species. Impacts would be most severe more severe acute behavioral responses, Fish utilize the soundscape and when the individual fish is close to the as the environment within the Atlantic components of sound in their source and when the duration of Ocean offshore Virginia would allow environment to perform important exposure is long. Injury caused by marine mammals the ability to freely functions such as foraging, predator barotrauma can range from slight to move to other areas without restriction. avoidance, mating, and spawning (e.g., severe and can cause death, and is most In the case of pile driving, sound Zelick et al., 1999; Fay, 2009). likely for fish with swim bladders. sources would be active for relatively Depending on their hearing anatomy Barotrauma injuries have been short durations (i.e., two hours), with and peripheral sensory structures, documented during controlled exposure relation to potential for masking. The which vary among species, fishes hear to impact pile driving (Halvorsen et al., frequencies output by pile driving sounds using pressure and particle 2012b; Casper et al., 2013). activity are lower than those used by motion sensitivity capabilities and The most likely impact to fish from most species expected to be regularly detect the motion of surrounding water pile driving activities in the project area present for communication or foraging. (Fay et al., 2008). The potential effects would be temporary behavioral Those species who would be more of noise on fishes depends on the avoidance of the area. The duration of susceptible to masking at these overlapping frequency range, distance fish avoidance of an area after pile frequencies (LF cetaceans) use the area from the sound source, water depth of driving stops is unknown, but a rapid only seasonally. We expect insignificant exposure, and species-specific hearing return to normal recruitment, impacts from masking, and any masking sensitivity, anatomy, and physiology. distribution and behavior is anticipated. event that could possibly rise to Level Key impacts to fishes may include In general, impacts to marine mammal B harassment under the MMPA would behavioral responses, hearing damage, prey species are expected to be minor occur concurrently within the zones of barotrauma (pressure-related injuries), and temporary due to the expected short behavioral harassment already and mortality. daily duration of individual pile driving estimated for pile driving, and which Fish react to sounds which are events and the relatively small areas have already been taken into account in especially strong and/or intermittent being affected. the exposure analysis. low-frequency sounds, and behavioral The area likely impacted by the responses such as flight or avoidance activities is relatively small compared to Anticipated Effects on Marine Mammal are the most likely effects. Short the available habitat in the Atlantic Habitat duration, sharp sounds can cause overt Ocean offshore Virginia and there are no The proposed activities would not or subtle changes in fish behavior and known habitat areas of biological result in permanent impacts to habitats local distribution. The reaction of fish to importance for marine mammals within used directly by marine mammals, but noise depends on the physiological state the area that would be impacted. Any may have potential short-term impacts of the fish, past exposures, motivation behavioral avoidance by fish of the to food sources such as forage fish. The (e.g., feeding, spawning, migration), and disturbed area would still leave proposed activities could also affect other environmental factors. Hastings significantly large areas of fish and acoustic habitat (see masking discussion and Popper (2005) identified several marine mammal foraging habitat in the above), but meaningful impacts are studies that suggest fish may relocate to nearby vicinity. Based on the unlikely. There are no known foraging avoid certain areas of sound energy. information discussed herein, we hotspots, or other ocean bottom Additional studies have documented conclude that impacts of the specified structures of significant biological effects of pile driving on fish, although activity are not likely to have more than importance to marine mammals present several are based on studies in support short-term adverse effects on any prey in the project area. Therefore, the main of large, multiyear bridge construction habitat or populations of prey species. impact issue associated with the projects (e.g., Scholik and Yan, 2001, Further, any impacts to marine mammal proposed activity would be temporarily 2002; Popper and Hastings, 2009). habitat are not expected to result in elevated sound levels and the associated Several studies have demonstrated that significant or long-term consequences direct effects on marine mammals, as impulse sounds might affect the for individual marine mammals, or to discussed previously. The most likely distribution and behavior of some contribute to adverse impacts on their impact to marine mammal habitat fishes, potentially impacting foraging populations. Effects to habitat will not occurs from pile driving effects on likely opportunities or increasing energetic be discussed further in this document. marine mammal prey (e.g., fish). costs (e.g., Fewtrell and McCauley, Impacts to the immediate substrate 2012; Pearson et al., 1992; Skalski et al., Estimated Take during installation of piles are 1992; Santulli et al., 1999; Paxton et al., This section provides an estimate of anticipated, but these would be limited 2017). However, some studies have the number of incidental takes proposed to minor, temporary suspension of shown no or slight reaction to impulse for authorization through this IHA, sediments, which could impact water sounds (e.g., Pena et al., 2013; Wardle which will inform both NMFS’

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consideration of ‘‘small numbers’’ and volume of water that will be ensonified measurable for most activities, NMFS the negligible impact determination. above these levels in a day; (3) the uses a generalized acoustic threshold Harassment is the only type of take density or occurrence of marine based on received level to estimate the expected to result from these activities. mammals within these ensonified areas; onset of behavioral harassment. NMFS Except with respect to certain activities and, (4) and the number of days of predicts that marine mammals are likely not pertinent here, section 3(18) of the activities. We note that while these to be behaviorally harassed in a manner MMPA defines ‘‘harassment’’ as any act basic factors can contribute to a basic we consider Level B harassment when of pursuit, torment, or annoyance, calculation to provide an initial exposed to underwater anthropogenic which (i) has the potential to injure a prediction of takes, additional noise above received levels of 160 dB re marine mammal or marine mammal information that can qualitatively 1 mPa (rms) for impulsive and/or stock in the wild (Level A harassment); inform take estimates is also sometimes intermittent sources (e.g., impact pile or (ii) has the potential to disturb a available (e.g., previous monitoring driving) and 120 dB rms for continuous marine mammal or marine mammal results or average group size). Below, we sources (e.g., vibratory driving). stock in the wild by causing disruption describe the factors considered here in Dominion’s proposed activity includes of behavioral patterns, including, but more detail and present the proposed the use of impulsive sources (i.e., not limited to, migration, breathing, take estimate. impact pile driving equipment) nursing, breeding, feeding, or sheltering Acoustic Thresholds therefore use of the 160 dB re 1 mPa (Level B harassment). (rms) threshold is applicable. Authorized takes would primarily be Using the best available science, Level A Harassment—NMFS’ by Level B harassment, as noise from NMFS has developed acoustic Technical Guidance for Assessing the pile driving has the potential to result thresholds that identify the received Effects of Anthropogenic Sound on in disruption of behavioral patterns for level of underwater sound above which Marine Mammal Hearing (Version 2.0) individual marine mammals. There is exposed marine mammals would be (Technical Guidance, 2018) identifies also some potential for auditory injury reasonably expected to be behaviorally dual criteria to assess auditory injury (Level A harassment) to result. The harassed (equated to Level B (Level A harassment) to five different proposed mitigation and monitoring harassment) or to incur PTS of some marine mammal groups (based on measures are expected to minimize the degree (equated to Level A harassment). hearing sensitivity) as a result of severity of such taking to the extent Level B Harassment—Though exposure to noise from two different practicable. The proposed mitigation significantly driven by received level, types of sources (impulsive or non- and monitoring measures are expected the onset of behavioral disturbance from impulsive). The components of to minimize the severity of such taking anthropogenic noise exposure is also Skipjack’s proposed activity that may to the extent practicable. informed to varying degrees by other As described previously, no mortality factors related to the source (e.g., result in the take of marine mammals is anticipated or proposed to be frequency, predictability, duty cycle), include the use of impulsive sources. authorized for this activity. Below we the environment (e.g., bathymetry), and These thresholds are provided in describe how the take is estimated. the receiving animals (hearing, Table 2 below. The references, analysis, Generally speaking, we estimate take motivation, experience, demography, and methodology used in the by considering: (1) Acoustic thresholds behavioral context) and can be difficult development of the thresholds are above which NMFS believes the best to predict (Southall et al., 2007, Ellison described in NMFS 2018 Technical available science indicates marine et al., 2012). Based on what the Guidance, which may be accessed at: mammals will be behaviorally harassed available science indicates and the www.fisheries.noaa.gov/national/ or incur some degree of permanent practical need to use a threshold based marine-mammal-protection/marine- hearing impairment; (2) the area or on a factor that is both predictable and mammal-acoustic-technical-guidance.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds* Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

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Ensonified Area receiver. Many rays leave the source TABLE 3—SOURCE LEVELS USED IN Here, we describe operational and covering a range of angles, and the MODELING PILE DRIVING NOISE environmental parameters of the activity sound level at each point in the FROM THE CVOW PROJECT—Con- that will feed into identifying the area receiving field is calculated by tinued ensonified above the acoustic coherently summing the components thresholds, which include source levels from each ray. Hammer energy Source level at 1 and transmission loss coefficient. The number of strikes per pile scenario meter As described above, Dominion incorporated in the model were 3,419 proposes to install two WTGs on blows for the first foundation and 4,819 215 SEL. 237 Peak. monopile foundations. The WTG blows for the second foundation at a monopile foundations would each be rate of 40 blows per minute (as 7.8-m in diameter. The expected described above, this represents a Acoustic modeling was performed for hammer energy required to drive the conservative estimate as the actual scenarios including 600 kJ and 1,000 kJ two monopiles is 600 kJ, though a number of blows anticipated for the first hammer energy. To be conservative, it maximum potential hammer energy of and second foundations may ultimately was assumed for purposes of the 1,000 kJ may be required. A bubble be less). Source levels incorporated in exposure estimate that 1,000 kJ hammer curtain would also be deployed to the model were derived from data energy would be required at all times attenuate pile driving noise on at least recorded at the Walney Extension during the driving of both piles. This one of the piles. Dominion performed Offshore Wind Farm located off the represents a conservative assumption, as acoustic modeling based on scenarios coast of England (NIRAS Consulting less energy may ultimately be required. including 600 kJ and 1,000 kJ hammer Ltd, 2017). Data from the Walney Modeling scenarios included potential energy, and on attenuation levels of 15 Extension project represents a suitable attenuation levels of 15 dB, 10 dB, 6 dB dB, 10 dB, 6 dB and 0 dB achieved from proxy for the proposed project as the and 0 dB achieved from the deployment the deployment of the bubble curtain. piles at the Walney Extension project of the attenuation system. Table 4 shows Modeling was performed using the were the same diameter as those modeled isopleth distances to Level A software dBSea, a 3D model developed proposed for use in the CVOW project and Level B harassment thresholds by Marshall Day Acoustics that is built (i.e., 7.8-m) and water depth at the based on 1,000 kJ hammer energy and by importing bathymetry data and Walney Extension project was very potential attenuation levels of 15 dB, 10 placing noise sources in the similar to that at the CVOW project site dB, 6 dB and 0 dB. Level A harassment environment. The dBSea model allows (a depth of 28-m at the Walney isopleths vary based on marine mammal for the incorporation of several site- Extension project compared to a depth functional hearing groups. The updated specific properties including sound of 25-m at the CVOW project site). acoustic thresholds for impulsive speed profile, temperature, salinity, and Source levels derived from the Walney sounds (such as pile driving) contained current. Noise levels are calculated Extension project and used in the in the Technical Guidance (NMFS, throughout the project area and modeling are shown in Table 3. 2018) were presented as dual metric displayed in 3D. The model also allows acoustic thresholds using both for the incorporation of several TABLE 3—SOURCE LEVELS USED IN cumulative sound exposure level ‘‘solvers’’. Two such ‘‘solvers’’ were MODELING PILE DRIVING NOISE (SELcum) and peak sound pressure level incorporated in the modeling: FROM THE CVOW PROJECT metrics. As dual metrics, NMFS • dBSeaPE (Parabolic Equation considers onset of PTS (Level A Method): The dBSeaPE solver makes use Hammer energy Source level at 1 harassment) to have occurred when of the parabolic equation method, a scenario meter either one of the two metrics is versatile and robust method of marching exceeded (i.e., the metric resulting in 600 kJ Hammer En- 222 dBrms90. the sound field out in range from the ergy. the largest isopleth). The SELcum metric sound source; and 213 SEL. considers both level and duration of • dBSeaRay (Ray Tracing Method): 235 Peak. exposure, as well as auditory weighting The dBSeaRay solver forms a solution 1,000 kJ Hammer En- 224 dBrms90. functions by marine mammal hearing by tracing rays from the source to the ergy. group.

TABLE 4—MODELED RADIAL DISTANCES TO THRESHOLDS CORRESPONDING TO LEVEL A AND LEVEL B HARASSMENT FROM PILE DRIVING BASED ON 1,000 KJ HAMMER ENERGY

Radial distance to Level A harassment threshold (m) * Radial dis- tance to Level High Phocid B harassment Attenuation scenario frequency Low frequency Mid frequency pinnipeds threshold (m) cetaceans cetaceans cetaceans (underwater) (peak SPL/ (peak SPL/ (peak SPL/ (peak SPL/ All marine SELcum) SELcum) SELcum) SELcum) mammals

No attenuation ...... 325/2,670 282/5,930 182/397 N/A/1,722 5,175 6 dB Reduction ...... 80/1,277 N/A/3,830 N/A/252 N/A/567 3,580 10 dB Reduction ...... N/A/314 N/A/2,217 N/A/229 N/A/317 2,520 15 dB Reduction ...... N/A/233 N/A/1,277 N/A/124 N/A/236 1,370 * N/A indicates the distance to the threshold is so low it was undetectable in the modeling results.

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Marine Mammal Occurrence spring; June through August densities d = number of days were averaged for summer; and In this section we provide the Dominion provided exposure information about the presence, density, September through November densities were averaged for fall). To be estimates based on two days of pile or group dynamics of marine mammals driving for each scenario (i.e., no that will inform the take calculations. conservative, the highest average seasonal density for each species was attenuation, 6 dB attenuation, 10 dB The habitat-based density models attenuation and 15 dB attenuation). produced by the then carried forward in the analysis (i.e., whichever of the three seasonal average However, as Dominion has proposed Marine Geospatial Ecology Laboratory potentially driving one pile with the (Roberts et al., 2016, 2017, 2018) densities was highest for each species was applied to the exposure estimate). attenuation system activated and the represent the best available information other pile without the attenuation regarding marine mammal densities in The maximum seasonal density values system activated (described further the proposed project area. The density used in the exposure estimates are shown in Table 7 below. under Proposed Mitigation, below), we data presented by Roberts et al. (2016, assumed for the exposure estimate that 2017, 2018) incorporates aerial and Take Calculation and Estimation one pile would be driven with no shipboard line-transect survey data from Here we describe how the information attenuation and the other pile would be NMFS and other organizations and provided above is brought together to driven with an attenuation system that incorporates data from 8 physiographic produce a quantitative take estimate. In and 16 dynamic oceanographic and would achieve an overall 6 dB reduction order to estimate the number of marine in pile driving sound. Thus we halved biological covariates, and controls for mammals predicted to be exposed to the influence of sea state, group size, the exposure estimates provided for the sound levels that would result in 0 dB attenuation and 6 dB attenuation availability bias, and perception bias on harassment, radial distances to the probability of making a sighting. scenarios to come up with exposure predicted isopleths corresponding to estimates for one day of pile driving for These density models were originally harassment thresholds were calculated, developed for all cetacean taxa in the each scenario (i.e., one pile driven with as described above. The radial distances no attenuation, and the other pile driven U.S. Atlantic (Roberts et al., 2016). In modeled based on scenarios of 100 kJ subsequent years, certain models have with 6 dB attenuation). We then hammer energy and 6 dB attenuation, 10 combined these to come up with been updated on the basis of additional dB attenuation, 15 dB attenuation, and exposure estimates for the two piles. We data as well as certain methodological no attenuation (Table 4) were then used note that an estimate of an overall 6 dB improvements. The updated models to calculate the areas around the pile reduction from the attenuation system incorporate additional sighting data, predicted to be ensonified to sound represents a conservative assumption, as including sightings from the NOAA levels that exceed relevant harassment Atlantic Marine Assessment Program for thresholds. the attenuation system planned for use Protected Species (AMAPPS) surveys Marine mammal density values were is a double bubble curtain which may from 2010–2014 (NEFSC & SEFSC, overlaid on the ensonified zones to ultimately result in a greater level of 2011, 2012, 2014a, 2014b, 2015, 2016). relevant thresholds within a geographic attenuation than the assumed 6 dB (the More information, including the initial information system (GIS). The density attenuation system proposed for use is model results and supplementary values were multiplied by these zones, described further under Proposed information for each model, is available resulting in daily Level A and Level B Mitigation, below). Table 5 shows online at seamap.env.duke.edu/models/ harassment exposure estimates. These modeled exposures above the Level A Duke-EC-GOM-2015/. estimates were then multiplied by the harassment threshold for each of the Marine mammal density estimates in number of days of pile driving activity two piles and both piles combined (note the project area (animals/km2) were (i.e., two) in order to estimate the that modeling resulted in no takes by obtained using the model results from number of marine mammals that would Level A harassment for any species, Roberts et al. (2016, 2017, 2018). While be exposed to pile driving noise above thus we do not propose to authorize any pile driving activities are planned for relevant thresholds for the entire takes by Level A harassment and May, these activities could potentially project. The exposure numbers were outputs in Table 5 are for illustrative occur any time between May and rounded to the nearest whole purposes only). Table 6 shows modeled October. Average seasonal marine individual. exposures above the Level B harassment mammal densities were developed for The following formula describes these threshold for each of the two piles and each species and for each season when steps: both piles combined. Table 7 shows pile driving activities may occur using Estimated Take = D × ZOI × (d) maximum seasonal densities used in the maximum monthly densities for each Where: take estimate, the number of takes species, as reported by Roberts et al. D = average highest species density proposed for authorization, and the total (2016; 2017; 2018) (Densities from ZOI = maximum ensonified area to relevant proposed takes as a percentage of March through May were averaged for thresholds population.

TABLE 5—MODELED EXPOSURES ABOVE THE LEVEL A HARASSMENT THRESHOLD ESTIMATED FOR EACH PILE AND FOR BOTH PILES COMBINED

One pile with Species One pile with 6 dB attenu- Both piles no attenuation ation combined

Atlantic-spotted Dolphin ...... 0.0025 0.001 0.0035 White-sided Dolphin ...... 0.005 0.002 0.007 Bottlenose Dolphin (W.N.A. Offshore) ...... 0.059 0.0475 0.1065 Bottlenose Dolphin (W.N.A. Southern Coastal Migratory) ...... 0.059 0.0475 0.1065 Risso’s Dolphin ...... 0 0 0 Common Dolphin ...... 0.008 0.003 0.011

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TABLE 5—MODELED EXPOSURES ABOVE THE LEVEL A HARASSMENT THRESHOLD ESTIMATED FOR EACH PILE AND FOR BOTH PILES COMBINED—Continued

One pile with Species One pile with 6 dB attenu- Both piles no attenuation ation combined

Pilot Whales ...... 0 0 0 Sperm Whale ...... 0 0 0 Fin Whale ...... 0.256 0.1065 0.3625 Harbor Porpoise ...... 0.17 0.039 0.209 Humpback Whale ...... 0.11 0.046 0.156 Minke Whale ...... 0.1065 0.0445 0.151 North Atlantic Right Whale ...... 0.0845 0.0355 0.12 Sei Whale ...... 0.002 0.0005 0.0025 Harbor Seal ...... 0.086 0.0095 0.0955 Gray Seal ...... 0.086 0.0095 0.0955

TABLE 6—MODELED EXPOSURES ABOVE THE LEVEL B HARASSMENT THRESHOLD ESTIMATED FOR EACH PILE AND FOR BOTH PILES COMBINED

One pile with Both piles Species * One pile with 6 dB attenu- combined no attenuation ation (rounded)

Common dolphin ...... 1.34 0.45 2 Atlantic-spotted dolphin ...... 0.43 0.14 1 Atlantic white-sided dolphin ...... 0.86 0.29 1 Bottlenose dolphin (W.N.A. Offshore) ...... 20.08 13.49 34 Bottlenose dolphin (W.N.A. Southern Coastal Migratory) ...... 20.08 13.49 34 Harbor porpoise ...... 0.64 0.22 1 Harbor seal ...... 0.78 0.26 1 Gray seal ...... 0.78 0.26 1 * All species potentially occurring in the project area were modeled; only species with at least one exposure above the Level B harassment threshold that were carried forward in the take analysis are shown.

TABLE 7—MARINE MAMMAL DENSITIES, NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS PROPOSED FOR AUTHORIZATION AND PROPOSED TAKES AS A PERCENTAGE OF POPULATION

Estimated Total proposed Density takes by Level Proposed Total takes takes as a Species (animals/100 B harass- takes by Level proposed for percentage of km 2) B harassment authorization ment 1 population 2

Common dolphin 3 ...... 1.591 2 39 39 0.0 Atlantic white-sided dolphin 3 ...... 1.018 1 40 40 0.1 Bottlenose dolphin (W. N. Atlantic Coastal Migratory) 4 ...... 23.861 34 34 34 0.9 Bottlenose dolphin (W. N. Atlantic Offshore 4 ...... 23.861 34 34 34 0.1 Atlantic spotted dolphin 3 ...... 0.508 1 100 100 0.2 Harbor porpoise 3 ...... 0.760 1 4 4 0.0 Gray seal 4 ...... 0.925 1 1 1 0.0 Harbor seal 4 ...... 0.925 1 1 1 0.0 1 Estimated takes based on a scenario of 1,000 kJ hammer energy and one pile driven with 6 dB attenuation and the other pile driven with no attenuation. 2 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 1. In most cases the best available abundance estimate is provided by Roberts et al. (2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018). 3 Proposed number of authorized takes (Level B harassment only) for these species has been increased from the estimated take number to mean group size. Sources for group size estimates are as follows: Atlantic white-sided dolphin: Cipriano (2018); common dolphin: Palka et al. (2015); harbor porpoise: Palka et al. (2015); Atlantic spotted dolphin: Herzing and Perrin (2018). 4 Roberts et al. (2016, 2017, 2018) produced a single density model for all bottlenose dolphins and did not differentiate by bottlenose dolphin stocks, and produced a single density model for all seals and did not differentiate between seal species. Hence, the density value is the same for both stocks of bottlenose dolphin stocks that may be present and for both seal species.

Modeling results predicted no takes as to be discountable, and we do not than the average group sizes estimated by Level A harassment for any marine propose to authorize the take by Level for these species. However, information mammal species (based on both SELcum A harassment of any marine mammals. on the life histories of these species and peak SPL) (See Table 5). NMFS has Using the take methodology approach indicates they are likely to be therefore determined that the likelihood described above, the resulting take encountered in groups, therefore it is of take of marine mammals in the form estimates for Atlantic white-sided reasonable to conservatively assume of Level A harassment occurring as a dolphin, common dolphin, spotted that one group of each of these species result of the proposed activity is so low dolphin and harbor porpoise were less will be taken during the proposed

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activity. We therefore propose to information about the availability and Seasonal Restriction on Pile Driving authorize the take of the average group feasibility (economic and technological) No pile driving activities would occur size for these species to account for the of equipment, methods, and manner of from November 1 through April 30. This possibility that a group of any of these conducting such activity or other means seasonal restriction would be species or stocks is taken by the of effecting the least practicable adverse established to minimize the potential for proposed activities (Table 7). impact upon the affected species or North Atlantic right whales to be Roberts et al. (2016, 2017, 2018) stocks and their habitat (50 CFR exposed to pile driving noise. Based on produced a single density model for all 216.104(a)(11)). the best available information (Roberts bottlenose dolphins and did not In evaluating how mitigation may or et al., 2017), the highest densities of differentiate by bottlenose dolphin may not be appropriate to ensure the right whales in the project area are stocks. The Western North Atlantic least practicable adverse impact on expected during the months of southern migratory coastal stock occurs species or stocks and their habitat, as November 1 through April when right in coastal waters from the shoreline to well as subsistence uses where approximately the 20-m isobath (Hayes whales are migrating. This restriction applicable, we carefully consider two would greatly reduce the potential for et al. 2019). The water depth at the WTG primary factors: installation location is 25 m. As 20-m right whale exposure to pile driving represents an approximate depth limit (1) The manner in which, and the noise associated with the proposed for the coastal stock, both stocks have degree to which, the successful project. the potential to occur in the project area. implementation of the measure(s) is Pre-Clearance, Exclusion and Therefore we propose to authorize take expected to reduce impacts to marine Monitoring Zones for both stocks. The take calculation mammals, marine mammal species or Dominion would use PSOs to methodology described above resulted stocks, and their habitat. This considers establish a 1,750-m exclusion zone (EZ) in an estimate of 34 bottlenose dolphin the nature of the potential adverse around the pile driving equipment to takes. We have concluded that since impact being mitigated (likelihood, ensure this zone is clear of marine either stock may be present it is possible scope, range). It further considers the mammals prior to the start of pile that all modeled takes may accrue to likelihood that the measure will be driving. The purpose of ‘‘clearance’’ of either of the stocks and we therefore effective if implemented (probability of propose to authorize 34 takes from both accomplishing the mitigating result if a particular zone is to prevent potential stocks that may be present. We are implemented as planned), the instances of auditory injury and therefore proposing to authorize twice likelihood of effective implementation potential instances of more severe the amount of takes that the exposure (probability implemented as planned), behavioral disturbance as a result of modeling predicts for bottlenose and; exposure to pile driving noise (serious injury or death are unlikely outcomes dolphins. (2) the practicability of the measures even in the absence of mitigation Similar to bottlenose dolphins, for applicant implementation, which measures) by delaying the activity Roberts et al. (2018) produced density may consider such things as cost, before it begins if marine mammals are models for all seals and did not impact on operations, and, in the case detected within certain pre-defined differentiate by seal species. Because the of a military readiness activity, distances of the pile driving equipment. seasonality of, and habitat use by, gray personnel safety, practicality of The primary goal in this case is to seals roughly overlaps with that of implementation, and impact on the prevent auditory injury (Level A harbor seals in the project area, it is effectiveness of the military readiness harassment), and while we acknowledge possible that modeled seal takes could activity. occur to either species. The take that porpoises or seals may not be The mitigation measures described calculation methodology described detected at this distance, the proposed below are consistent with those required above resulted in an estimate of one seal 1,750-m EZ is significantly larger than and successfully implemented under take. As the one modeled seal take may modeled distances to isopleth distances previous incidental take authorizations accrue to either seal species we corresponding to Level A harassment therefore propose to authorize one take issued in association with in-water (based on peak SPL) for all marine from both seal species that may be construction activities. Modeling was mammal functional hearing groups present. We are therefore proposing to performed to estimate zones of (Table 4). The EZ for North Atlantic authorize twice the amount of takes that influence (ZOI; see ‘‘Estimated Take’’); right whales would effectively extend the exposure modeling predicts for seal these ZOI values were used to inform beyond 1,750-m to as far as PSOs are species. mitigation measures for pile driving able to see (i.e., a North Atlantic right activities to minimize Level A whale observed at any distance from the Proposed Mitigation harassment and Level B harassment to pile, regardless of the whale’s distance In order to issue an IHA under the extent possible, while providing from the pile, would trigger further Section 101(a)(5)(D) of the MMPA, estimates of the areas within which mitigation action (either delay or NMFS must set forth the permissible Level B harassment might occur. shutdown)). methods of taking pursuant to such In addition to the specific measures In addition to the EZ, PSOs would activity, and other means of effecting described below, Dominion would observe a monitoring zone that would the least practicable impact on such conduct briefings for construction correspond with the modeled distance species or stock and its habitat, paying supervisors and crews, the marine to the Level B harassment isopleth particular attention to rookeries, mating mammal monitoring teams, and (3,580 m) during pile driving activities. grounds, and areas of similar Dominion staff prior to the start of all PSOs would record information on significance, and on the availability of pile driving activity, and when new marine mammals observed within the such species or stock for taking for personnel join the work, in order to monitoring zone, including species, certain subsistence uses (latter not explain responsibilities, communication observed behavior, and estimates of applicable for this action). NMFS procedures, the marine mammal number of marine mammals exposed to regulations require applicants for monitoring protocol, and operational pile driving noise within the Level B incidental take authorizations to include procedures. harassment zone. Marine mammals

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observed within the monitoring zone followed by an additional 30 second mitigation system bubble curtain or air but outside the EZs would not trigger delay). Soft start would be required at bubbles in water is caused by: (i) Sound any mitigation action. All distances are the beginning of each day’s impact pile scattering on air bubbles (resonance the radius from the center of the pile. driving work and at any time following effect) and (ii) (specular) reflection at a cessation of impact pile driving of the transition between water layer with TABLE 8—PROPOSED EXCLUSION AND thirty minutes or longer. and without bubbles (air water mixture; impedance leap). Use of a ‘‘double MONITORING ZONES Shutdown bubble curtain’’ entails two concentric Exclusion zone Monitoring zone The purpose of a shutdown is to rings of bubbles around the pile and can prevent some undesirable outcome, achieve greater levels of attenuation 1,750 m * ...... 3,580 m such as auditory injury or behavioral than the use of a single bubble curtain. disturbance of sensitive species, by * A North Atlantic right whale observed at A double bubble curtain would be any distance from the pile would trigger delay halting the activity. If a marine mammal deployed to reduce sound during pile or shutdown of pile driving. is observed entering or within the EZs driving activities during the driving of after pile driving has begun, the PSO If a marine mammal is observed at least one pile. would request a temporary cessation of approaching or entering the relevant EZ Dominion has proposed driving one pile driving. Dominion has proposed pile with the double bubble curtain prior to the start of pile driving that, when called for by a PSO, activated and the other pile without the operations, pile driving activity would shutdown of pile driving would be double bubble curtain activated with the be delayed until either the marine implemented when practicable. goal of gathering in situ data on the mammal has voluntarily left the However, there may be instances where effectiveness of the double bubble respective EZ and been visually a shutdown is not practicable, as any curtain via hydroacoustic monitoring confirmed beyond that zone, or, 15 significant stoppage of pile driving during the driving of both piles. This minutes have elapsed without re- progress can allow for displaced effort would be supported by the Bureau detection of the animal in the case of sediments along the piling surface areas of Ocean Energy Management (BOEM) delphinids and pinnipeds or 30 minutes to consolidate and bind, potentially Real-time Opportunity for Development have elapsed without re-detection of the resulting in a situation where a piling is Environmental Observations (RODEO) animal in the case of all other marine permanently bound in a partially driven program, which aims to collect real-time mammals. position. If a shutdown is called for measurements of the construction and Prior to the start of pile driving before a pile has been driven to a operation activities from the first activity, the EZ would be monitored for sufficient depth to allow for pile offshore wind facilities in the United 30 minutes to ensure that they are clear stability, then for safety reasons the pile States to allow for more accurate of the relevant species of marine would need to be driven to a sufficient assessments of actual environmental mammals. Pile driving would only depth to allow for stability and a effects and to inform development of commence once PSOs have declared the shutdown would not be practicable appropriate mitigation measures. respective zones clear of marine until after that depth was reached. We The bubble curtains would distribute mammals. Marine mammals observed therefore propose that shutdown would air bubbles around 100 percent of the within a EZ would be allowed to remain be implemented when practicable. piling perimeter for the full depth of the in the clearance zone (i.e., must leave of If shutdown is called for by a PSO, water column. The lowest bubble ring their own volition), and their behavior and Dominion determines a shutdown would be in contact with the mudline would be monitored and documented. to be technically practicable, pile for the full circumference of the ring, The EZs may only be declared clear, and driving would be halted immediately. and the weights attached to the bottom pile driving started, when the entire After shutdown, pile driving may be ring would ensure 100 percent mudline clearance zones are visible (i.e., when initiated once all EZs are clear of marine contact. No parts of the ring or other not obscured by dark, rain, fog, etc.) for mammals for the minimum species- objects would prevent full mudline a full 30 minutes prior to pile driving. specific time periods, or, if required to contact. Air flow to the bubblers would Soft Start maintain installation feasibility. For be balanced around the circumference North Atlantic right whales, shutdown of the pile. The use of a soft start procedure is would occur when a right whale is Visibility Requirements believed to provide additional observed by PSOs at any distance, and protection to marine mammals by a shutdown zone of 1,750 m would be All pile driving would be initiated warning marine mammals or providing implemented for all other species (Table during daylight hours, no earlier than 30 them with a chance to leave the area 8). minutes after sunrise and no later than prior to the hammer operating at full 30 minutes before sunset. Pile driving capacity, and typically involves a Noise Attenuation System would not be initiated at night, or, when requirement to initiate sound from the The Project would utilize an the full extent of the 1,750 m EZ cannot hammer at reduced energy followed by attenuation system in order to reduce be confirmed to be clear of marine a waiting period. Dominion will utilize underwater noise from pile driving mammals, as determined by the lead soft start techniques for impact pile during the driving of at least one pile. PSO on duty. The EZ may only be driving by performing an initial set of Bubble curtains are used to reduce declared clear, and pile driving three strikes from the impact hammer at acoustic energy emissions from high- initiated, when the full extent of the a reduced energy level followed by a 30 amplitude sources and are generated by 1,750 m EZ is visible (i.e., when not second waiting period. The soft start releasing air through multiple small obscured by dark, rain, fog, etc.) for a process would be conducted a total of holes drilled in a hose or manifold full 30 minutes prior to pile driving. three times prior to driving each pile deployed on the seabed near the source. Dominion would attempt to complete (e.g., three strikes followed by a 30 The resulting curtain of air bubbles in all pile driving in daylight; pile driving second delay, then three additional the water attenuates sound waves may continue after dark only when the single strikes followed by a 30 second propagating through the curtain. The installation of the same pile began delay, then a final set of three strikes sound attenuating effect of the noise during daylight when the Exclusion

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Zone was fully visible for at least 30 • Writing skills sufficient to document • All vessels must maintain a separation minutes, and only in extraordinary observations including, but not limited to: distance of 100 m (330 ft) or greater from any circumstances when it must proceed for The number and species of marine mammals sighted non-delphinoid cetacean. If sighted, human safety or installation feasibility observed; dates and times when in-water the vessel underway must reduce speed and construction activities were conducted; dates shift the engine to neutral, and must not reasons as determined by the lead and times when in-water construction engage the engines until the non-delphinoid engineer. activities were suspended to avoid potential cetacean has moved outside of the vessel’s Monitoring Protocols incidental injury of marine mammals from path and beyond 100 m. If a vessel is construction noise within a defined stationary, the vessel will not engage engines Monitoring would be conducted shutdown zone; and marine mammal until the non-delphinoid cetacean has moved before, during, and after pile driving behavior; and out of the vessel’s path and beyond 100 m; activities. In addition, observers will • Ability to communicate orally, by radio • All vessels must maintain a separation record all incidents of marine mammal or in person, with project personnel to distance of 50 m (164 ft) or greater from any provide real-time information on marine occurrence, regardless of distance from sighted delphinoid cetacean, with the mammals observed in the area as necessary. exception of delphinoid cetaceans that the construction activity, and monitors voluntarily approach the vessel (i.e., bow will document any behavioral reactions PSOs employed by Dominion in satisfaction of the mitigation and ride). Any vessel underway must remain in concert with distance from piles parallel to a sighted delphinoid cetacean’s being driven. Observations made monitoring requirements described course whenever possible, and avoid outside the EZ will not result in delay herein must meet the following excessive speed or abrupt changes in of pile driving; that pile segment may be additional requirements: direction. Any vessel underway must reduce completed without cessation, unless the • Independent observers (i.e., not vessel speed to 10 knots (18.5 km/hr) or less marine mammal approaches or enters construction personnel) are required; when pods (including mother/calf pairs) or • At least one observer must have prior large assemblages of delphinoid cetaceans are the EZ, at which point pile driving observed. Vessels may not adjust course and activities would be halted when experience working as an observer; • Other observers may substitute speed until the delphinoid cetaceans have practicable, as described above. Pile education (degree in biological science or moved beyond 50 m and/or the abeam of the driving activities include the time to related field) or training for experience; underway vessel; install a single pile, as long as the time • One observer will be designated as lead • All vessels must maintain a separation elapsed between uses of the pile driving observer or monitoring coordinator. The lead distance of 50 m (164 ft) or greater from any equipment is no more than 30 minutes. observer must have prior experience working sighted pinniped; and The following additional measures as an observer; and • All vessels underway must not divert or would apply to visual monitoring: • NMFS will require submission and alter course in order to approach any whale, (1) A minimum of two PSOs would be approval of observer CVs. delphinoid cetacean, or pinniped. Any vessel on duty at all times during pile driving underway will avoid excessive speed or Vessel Strike Avoidance abrupt changes in direction to avoid injury to and removal activity; the sighted cetacean or pinniped. (2) Monitoring would be conducted Vessel strike avoidance measures will by qualified, trained PSOs. PSOs would include, but are not limited to, the Dominion will ensure that vessel be stationed at the highest practical following, except under circumstances operators and crew maintain a vigilant vantage point on the pile installation when complying with these measures watch for marine mammals by slowing vessel; would put the safety of the vessel or down or stopping the vessel to avoid (3) PSOs may not exceed four crew at risk: striking marine mammals. Project- specific training will be conducted for consecutive watch hours; must have a • All vessel operators and crew must minimum two-hour break between maintain vigilant watch for cetaceans and all vessel crew prior to the start of the watches; and may not exceed a pinnipeds, and slow down or stop their construction activities. Confirmation of combined watch schedule of more than vessel to avoid striking these protected the training and understanding of the 12 hours in a 24- hour period; species; requirements will be documented on a (4) Monitoring would be conducted • All vessels must travel at 10 knots (18.5 training course log sheet. from 30 minutes prior to km/hr) or less within any designated The proposed mitigation measures are commencement of pile driving, Dynamic Management Area (DMA) or designed to avoid the already low Seasonal Management Area for North potential for injury in addition to some throughout the time required to drive a Atlantic right whales; pile, and for 30 minutes following the • All vessel operators must reduce vessel instances of Level B harassment, and to conclusion of pile driving; speed to 10 knots (18.5 km/hr) or less when minimize the potential for vessel strikes. (5) PSOs would have no other any large whale, any mother/calf pairs, pods, Further, we believe the proposed construction-related tasks while or large assemblages of non-delphinoid mitigation measures are practicable for conducting monitoring; and cetaceans are observed near (within 100 m Dominion to implement. There are no (6) PSOs would have the following (330 ft)) an underway vessel; known marine mammal rookeries or • minimum qualifications: All vessels must maintain a separation mating or calving grounds in the project distance of 500 m (1640 ft) or greater from area that would otherwise potentially • Visual acuity in both eyes (correction is any sighted North Atlantic right whale; permissible) sufficient for discernment of • If underway, vessels must steer a course warrant increased mitigation measures moving targets at the water’s surface with away from any sighted North Atlantic right for marine mammals or their habitat (or ability to estimate target size and distance; whale at 10 knots (18.5 km/hr) or less until both). use of binoculars may be necessary to the 500 m (1640 ft) minimum separation We have carefully evaluated correctly identify the target; distance has been established. If a North Dominion’s proposed mitigation • Ability to conduct field observations and Atlantic right whale is sighted in a vessel’s measures and considered a range of collect data according to assigned protocols; path, or within 500 m (330 ft) to an underway • other measures in the context of Experience or training in the field vessel, the underway vessel must reduce ensuring that we prescribed the means identification of marine mammals, including speed and shift the engine to neutral. Engines of effecting the least practicable adverse the identification of behaviors; will not be engaged until the right whale has • Sufficient training, orientation, or moved outside of the vessel’s path and impact on the affected marine mammal experience with the construction operation to beyond 500 m. If stationary, the vessel must species and stocks and their habitat. provide for personal safety during not engage engines until the North Atlantic Based on our evaluation of these observations; right whale has moved beyond 500 m; measures, we have preliminarily

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determined that the proposed mitigation be trained in marine mammal the animal, if any. We require that, at a measures provide the means of effecting identification and behaviors and are minimum, the following information be the least practicable adverse impact on required to have no other construction- collected on the sighting forms: marine mammal species or stocks and related tasks while conducting • Dates and times (begin and end) of all their habitat, paying particular attention monitoring. PSOs would be stationed on marine mammal monitoring. to rookeries, mating grounds, and areas the pile installation vessel. The observer • Construction activities occurring during of similar significance, and on the platform would be elevated each daily observation period, including how availability of such species or stock for approximately 40-m above the sea many and what type of piles were driven or subsistence uses. surface. Dominion estimates that at this removed and by what method (i.e., impact or height a PSO with minimum 7x50 vibratory). Proposed Monitoring and Reporting • Weather parameters and water binoculars would be able to monitor a In order to issue an IHA for an conditions during each monitoring period first reticule distance of approximately (e.g., wind speed, percent cover, visibility, activity, Section 101(a)(5)(D) of the 3.2 miles from the sound source. PSOs sea state). MMPA states that NMFS must set forth would monitor the EZ and the Level B • The number of marine mammals requirements pertaining to the harassment zone at all times and would observed, by species, relative to the pile monitoring and reporting of such taking. document any marine mammals location and if pile driving or removal was The MMPA implementing regulations at observed within these zones, to the occurring at time of sighting. • 50 CFR 216.104 (a)(13) indicate that extent practicable. PSOs would conduct Age and sex class, if possible, of all marine mammals observed. requests for authorizations must include monitoring before, during, and after pile • the suggested means of accomplishing PSO locations during marine mammal driving and removal, with observers monitoring. the necessary monitoring and reporting located at the best practicable vantage • Distances and bearings of each marine that will result in increased knowledge points. mammal observed to the pile being driven or of the species and of the level of taking Dominion would implement the removed for each sighting (if pile driving or or impacts on populations of marine following monitoring procedures: removal was occurring at time of sighting). • Description of any marine mammal mammals that are expected to be • A minimum of two PSOs will maintain behavior patterns during observation, present in the proposed action area. watch at all times when pile driving is including direction of travel and estimated Effective reporting is critical both to underway; compliance as well as ensuring that the • PSOs would be located at the best time spent within the Level A and Level B most value is obtained from the required possible vantage point(s) on the pile harassment zones while the source was active. monitoring. installation vessel to ensure that they are able • to observe the entire EZ and as much of the Number of individuals of each species Monitoring and reporting (differentiated by month as appropriate) requirements prescribed by NMFS monitoring zone as possible; • During all observation periods, PSOs detected within the monitoring zone, and should contribute to improved will use binoculars and the naked eye to estimates of number of marine mammals understanding of one or more of the search continuously for marine mammals; taken, by species (a correction factor may be following: • PSOs will be equipped with reticle applied to total take numbers, as appropriate). • Occurrence of marine mammal species binoculars and range finders as well as a • Detailed information about any or stocks in the area in which take is digital single-lens reflex 35mm camera; • implementation of any mitigation triggered anticipated (e.g., presence, abundance, Position data will be recorded using (e.g., shutdowns and delays), a description of distribution, density). hand-held or vessel based global positioning specific actions that ensued, and resulting • Nature, scope, or context of likely marine system (GPS) units for each sighting; • behavior of the animal, if any. mammal exposure to potential stressors/ If the EZ is obscured by fog or poor • Description of attempts to distinguish impacts (individual or cumulative, acute or lighting conditions, pile driving will not be chronic), through better understanding of: (1) initiated until the EZ is fully visible. Should between the number of individual animals Action or environment (e.g., source such conditions arise while pile driving is taken and the number of incidences of take, characterization, propagation, ambient underway, the activity would be halted when such as ability to track groups or individuals. practicable, as described above; and • An extrapolation of the estimated takes noise); (2) affected species (e.g., life history, • dive patterns); (3) co-occurrence of marine The EZ and monitoring zone will be by Level B harassment based on the number mammal species with the action; or (4) monitored for the presence of marine of observed exposures within the Level B biological or behavioral context of exposure mammals before, during, and after all pile harassment zone and the percentage of the (e.g., age, calving or feeding areas). driving activity. Level B harassment zone that was not visible. • Individual marine mammal responses Individuals implementing the Submit all PSO datasheets and/or raw (behavioral or physiological) to acoustic monitoring protocol will assess its sighting data (in a separate file from the Final stressors (acute, chronic, or cumulative), effectiveness using an adaptive Report referenced immediately above). other stressors, or cumulative impacts from approach. PSOs will use their best Dominion would note behavioral multiple stressors. observations, to the extent practicable, if • How anticipated responses to stressors professional judgment throughout impact either: (1) Long-term fitness and implementation and seek improvements a marine mammal has remained in the survival of individual marine mammals; or to these methods when deemed area during construction activities. appropriate. Any modifications to the (2) populations, species, or stocks. Reporting • Effects on marine mammal habitat (e.g., protocol will be coordinated between marine mammal prey species, acoustic NMFS and Dominion. A draft report would be submitted to habitat, or other important physical NMFS within 90 days of the completion components of marine mammal habitat). Data Collection of monitoring for each installation’s in- • Mitigation and monitoring effectiveness. We require that observers use water work window. The report would standardized data forms. Among other include marine mammal observations Proposed Monitoring Measures pieces of information, Dominion will pre-activity, during-activity, and post- Dominion will collect sighting data record detailed information about any activity during pile driving days, and and behavioral responses to pile driving implementation of delays or shutdowns, would also provide descriptions of any activity for marine mammal species including the distance of animals to the behavioral responses to construction observed in the region of activity during pile and a description of specific actions activities by marine mammals. The the period of activity. All observers will that ensued and resulting behavior of report would detail the monitoring

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protocol, summarize the data recorded 1989), the impacts from other past and severe behavioral harassment are during monitoring including an estimate ongoing anthropogenic activities are expected to be minimized by proposed of the number of marine mammals that incorporated into this analysis via their mitigation and monitoring measures. may have been harassed during the impacts on the environmental baseline Effects on individuals that are taken by period of the report, and describe any (e.g., as reflected in the regulatory status Level B harassment, on the basis of mitigation actions taken (i.e., delays or of the species, population size and reports in the literature as well as shutdowns due to detections of marine growth rate where known, ongoing monitoring from other similar activities, mammals, and documentation of when sources of human-caused mortality, or will likely be limited to reactions such shutdowns were called for but not ambient noise levels). as increased swimming speeds, implemented and why). A final report Pile driving and removal activities increased surfacing time, or decreased must be submitted within 30 days associated with the proposed project, as foraging (if such activity were occurring) following resolution of comments on the described previously, have the potential (e.g., Thorson and Reyff, 2006; HDR, draft report. to disturb or temporarily displace Inc., 2012; Lerma, 2014). Most likely, In the event that personnel involved marine mammals. Specifically, the individuals will simply move away in the construction activities discover specified activities may result in take, in from the sound source and temporarily an injured or dead marine mammal, the the form of Level B harassment avoid the area where pile driving is IHA-holder shall report the incident to (potential behavioral disturbance) from occurring. Therefore, we expect that the Office of Protected Resources (OPR) underwater sounds generated from pile animals disturbed by project sound (301–427–8401), NMFS and to the Mid- driving. Potential takes could occur if would simply avoid the area during pile Atlantic regional stranding coordinator individual marine mammals are present driving in favor of other, similar as soon as feasible. The report must in the ensonified zone when pile habitats. We expect that any avoidance include the following information: driving is occurring. To avoid of the project area by marine mammals • Time, date, and location (latitude/ repetition, the our analyses apply to all would be temporary in nature and that longitude) of the first discovery (and updated the species listed in Table 1, given that any marine mammals that avoid the location information if known and the anticipated effects of the proposed project area during construction applicable); project on different marine mammal activities would not be permanently • Species identification (if known) or species and stocks are expected to be displaced. description of the animal(s) involved; • similar in nature. Feeding behavior is not likely to be Condition of the animal(s) (including Impact pile driving has source significantly impacted, as prey species carcass condition if the animal is dead); characteristics (short, sharp pulses with • Observed behaviors of the animal(s), if are mobile and are broadly distributed alive; higher peak levels and sharper rise time throughout the project area; therefore, • If available, photographs or video footage to reach those peaks) that are potentially marine mammals that may be of the animal(s); and injurious or more likely to produce temporarily displaced during • General circumstances under which the severe behavioral reactions. However, construction activities are expected to animal was discovered. modeling indicates there is limited be able to resume foraging once they Negligible Impact Analysis and potential for auditory injury even in the have moved away from areas with Determination absence of the proposed mitigation disturbing levels of underwater noise. measures, with no species predicted to Because of the temporary nature of the NMFS has defined negligible impact experience Level A harassment. In disturbance and the availability of as an impact resulting from the addition, the already limited potential similar habitat and resources in the specified activity that cannot be for injury is expected to be minimized surrounding area, the impacts to marine reasonably expected to, and is not through implementation of the proposed mammals and the food sources that they reasonably likely to, adversely affect the mitigation measures including soft start utilize are not expected to cause species or stock through effects on and the implementation of EZs that significant or long-term consequences annual rates of recruitment or survival would facilitate a delay of pile driving for individual marine mammals or their (50 CFR 216.103). A negligible impact if marine mammals were observed populations. There are no areas of finding is based on the lack of likely approaching or within areas that could notable biological significance for adverse effects on annual rates of be ensonified above sound levels that marine mammal feeding known to exist recruitment or survival (i.e., population- could result in auditory injury. Given in the project area, and there are no level effects). An estimate of the number sufficient notice through use of soft rookeries, mating areas, or calving areas of takes alone is not enough information start, marine mammals are expected to known to be biologically important to on which to base an impact move away from a sound source that is marine mammals within the proposed determination. In addition to annoying prior to its becoming project area. The area is part of a considering estimates of the number of potentially injurious or resulting in biologically important migratory area for marine mammals that might be ‘‘taken’’ more severe behavioral reactions. No North Atlantic right whales; however, through harassment, NMFS considers Level A harassment of any marine seasonal restrictions on pile driving other factors, such as the likely nature mammal stocks are anticipated or activity, which would restrict pile of any responses (e.g., intensity, proposed for authorization. driving to times of year when right duration), the context of any responses Repeated exposures of individuals to whales are least likely to be migrating (e.g., critical reproductive time or relatively low levels of sound outside of through the project area, would location, migration), as well as effects preferred habitat areas are unlikely to minimize the potential for the activity to on habitat, and the likely effectiveness significantly disrupt critical behaviors. impact right whale migration. of the mitigation. We also assess the Thus, even repeated Level B harassment NMFS concludes that exposures to number, intensity, and context of of some small subset of an overall stock marine mammals due to the proposed estimated takes by evaluating this is unlikely to result in any significant project would result in only short-term information relative to population realized decrease in viability for the effects to individuals exposed. Marine status. Consistent with the 1989 affected individuals, and thus would mammals may temporarily avoid the preamble for NMFS’s implementing not result in any adverse impact to the immediate area but are not expected to regulations (54 FR 40338; September 29, stock as a whole. Instances of more permanently abandon the area. Impacts

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to breeding, feeding, sheltering, resting, and authorized activities would be limited to such species or stocks for taking for or migration are not expected, nor are times of year when potential impacts to subsistence purposes. shifts in habitat use, distribution, or migration would not be expected; • Endangered Species Act foraging success. Serious injury or The proposed mitigation measures, mortality as a result of the proposed including visual monitoring, exclusion and monitoring zones, a bubble curtain used on Section 7(a)(2) of the Endangered activities would not be expected even in at least one pile, and soft start, are expected Species Act of 1973 (16 U.S.C. 1531 et the absence of the proposed mitigation to minimize potential impacts to marine seq.) requires that each Federal agency and monitoring measures, and no mammals. insure that any action it authorizes, serious injury or mortality of any marine funds, or carries out is not likely to Based on the analysis contained mammal stocks are anticipated or jeopardize the continued existence of herein of the likely effects of the proposed for authorization. NMFS does any endangered or threatened species or specified activity on marine mammals not anticipate the marine mammal takes result in the destruction or adverse and their habitat, and taking into that would result from the proposed modification of designated critical consideration the implementation of the project would impact annual rates of habitat. To ensure ESA compliance for proposed monitoring and mitigation recruitment or survival. the issuance of IHAs, NMFS consults measures, NMFS preliminarily finds As described above, gray and harbor internally whenever we propose to that the total marine mammal take from seals are experiencing ongoing UMEs. authorize take for endangered or the proposed activity will have a Although the ongoing UME is under threatened species. No incidental take of negligible impact on all affected marine investigation, the UME does not yet ESA-listed species is proposed for mammal species or stocks. provide cause for concern regarding authorization or expected to result from population-level impacts to any of these Small Numbers this activity. Therefore, NMFS has stocks. For harbor seals, the population As noted above, only small numbers determined that formal consultation abundance is over 75,000 and annual of incidental take may be authorized under section 7 of the ESA is not M/SI (345) is well below PBR (2,006) under sections 101(a)(5)(A) and (D) of required for this action. (Hayes et al., 2018). For gray seals, the the MMPA for specified activities other population abundance is over 27,000, Proposed Authorization than military readiness activities. The and abundance is likely increasing in MMPA does not define small numbers As a result of these preliminary the U.S. Atlantic EEZ and in Canada and so, in practice, where estimated determinations, NMFS proposes to issue (Hayes et al., 2018). No injury, serious numbers are available, NMFS compares an IHA to Dominion for conducting pile injury or mortality is expected or the number of individuals taken to the driving activity offshore of Virginia, proposed for authorization, and Level B most appropriate estimation of from May 1, 2020 through October 31, harassment of gray and harbor seals will abundance of the relevant species or 2020, provided the previously be reduced to the level of least stock in our determination of whether mentioned mitigation, monitoring, and practicable adverse impact through use an authorization is limited to small reporting requirements are incorporated. of proposed mitigation measures. As numbers of marine mammals. A draft of the proposed IHA can be such, the proposed authorized takes of Additionally, other qualitative factors found at https:// gray and harbor seals would not may be considered in the analysis, such www.fisheries.noaa.gov/permit/ exacerbate or compound the ongoing as the temporal or spatial scale of the incidental-take-authorizations-under- UMEs in any way. marine-mammal-protection-act. In summary and as described above, activities. We propose to authorize incidental the following factors primarily support Request for Public Comments take of seven marine mammal stocks. our preliminary determination that the The total amount of taking proposed for We request comment on our analyses, impacts resulting from this activity are authorization is less than one-third of the proposed authorization, and any not expected to adversely affect the the best available population abundance other aspect of this Notice of Proposed species or stock through effects on estimate for all stocks (Table 7), which IHA for Dominion’s proposed activity. annual rates of recruitment or survival: we preliminarily find are small numbers We also request at this time comment on • No Level A harassment, serious injury or of marine mammals relative to the the potential Renewal of this proposed mortality is anticipated or proposed for estimated overall population IHA as described in the paragraph authorization; below. Please include with your • abundances for those stocks. The anticipated impacts of the proposed comments any supporting data or activity on marine mammals would be Based on the analysis contained temporary behavioral changes due to herein of the proposed activity literature citations to help inform avoidance of the project area; (including the proposed mitigation and decisions on the request for this IHA or • Total proposed authorized takes as a monitoring measures) and the a subsequent Renewal IHA. percentage of population are low for all anticipated take of marine mammals, On a case-by-case basis, NMFS may species and stocks (i.e., less than one percent NMFS preliminarily finds that small issue a one-year Renewal IHA following of all stocks); • numbers of marine mammals will be notice to the public providing an The availability of alternate areas of additional 15 days for public comments similar habitat value for marine mammals to taken relative to the population size of temporarily vacate the project area during the all affected species or stocks. when (1) up to another year of identical or nearly identical, or nearly identical, proposed project to avoid exposure to sounds Unmitigable Adverse Impact Analysis from the activity; activities as described in the Specified • Effects on species that serve as prey and Determination Activities section of this notice is species for marine mammals from the There are no relevant subsistence uses planned or (2) the activities as described proposed project are expected to be short- of the affected marine mammal stocks or in the Specified Activities section of term and are not expected to result in species implicated by this action. this notice would not be completed by significant or long-term consequences for individual marine mammals, or to contribute Therefore, NMFS has determined that the time the IHA expires and a Renewal to adverse impacts on their populations.; the total taking of affected species or would allow for completion of the • There are no known important feeding, stocks would not have an unmitigable activities beyond that described in the breeding, or calving areas in the project area, adverse impact on the availability of Dates and Duration section of this

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notice, provided all of the following ADDRESSES: Direct all written comments to assess how fishermen and the conditions are met: to Adrienne Thomas, PRA Officer, economy will be impacted by and • A request for renewal is received no later NOAA, 151 Patton Avenue, Room 159, respond to regulations likely to be than 60 days prior to the needed Renewal Asheville, NC 28801 (or via the internet considered by fishery managers. These IHA effective date (recognizing that the at [email protected]). All data are collected in conjunction with Renewal IHA expiration date cannot extend comments received are part of the catch and effort data already being beyond one year from expiration of the initial public record. Comments will generally collected in this fishery as part of its IHA). be posted without change. All creel survey program. The creel survey • The request for renewal must include the Personally Identifiable Information (for program is one of the major data following: example, name and address) voluntarily collection systems to monitor fisheries (1) An explanation that the activities to be submitted by the commenter may be conducted under the requested Renewal IHA resources in these three geographic are identical to the activities analyzed under publicly accessible. Do not submit areas. The survey monitors the islands’ the initial IHA, are a subset of the activities, Confidential Business Information or fishing activities and interviews or include changes so minor (e.g., reduction otherwise sensitive or protected returning fishermen at the most active in pile size) that the changes do not affect the information. launching ramps/docks during selected previous analyses, mitigation and monitoring FOR FURTHER INFORMATION CONTACT: time periods on the islands. requirements, or take estimates (with the Requests for additional information or Participation in this economic data exception of reducing the type or amount of collection is voluntary. take). copies of the information collection (2) A preliminary monitoring report instrument and instructions should be II. Method of Collection showing the results of the required directed to Minling Pan, Pacific Islands monitoring to date and an explanation Fisheries Science Center, 1845 Wasp The economic surveys are conducted showing that the monitoring results do not Blvd., Building 176, Honolulu, HI via in-person interviews when a fishing indicate impacts of a scale or nature not 96818, (808) 725–5349 or Minling.Pan@ trip is completed. Captains of selected previously analyzed or authorized. noaa.gov. vessels by the creel survey are • Upon review of the request for Renewal, SUPPLEMENTARY INFORMATION: interviewed to report information about the status of the affected species or stocks, trip costs, input usage, and input prices. and any other pertinent information, NMFS I. Abstract determines that there are no more than minor III. Data changes in the activities, the mitigation and This request is for the extension of a monitoring measures will remain the same currently approved information OMB Control Number: 0648–0635. and appropriate, and the findings in the collection. The National Marine Form Number(s): None. initial IHA remain valid. Fisheries Service (NMFS) collects Type of Review: Regular submission Dated: March 10, 2020. information about fishing trip expenses [extension of a current information Donna S. Wieting, in the American Samoa, Guam, and the collection]. Commonwealth of the Northern Mariana Director, Office of Protected Resources, Affected Public: Business or other for- National Marine Fisheries Service. Islands (CNMI) boat-based reef fish, profit organizations. bottomfish, and pelagics fisheries with [FR Doc. 2020–05281 Filed 3–13–20; 8:45 am] Estimated Number of Respondents: which to conduct economic analyses 480. BILLING CODE 3510–22–P that will improve fishery management in those fisheries; satisfy NMFS’ legal Estimated Time per Response: 10 minutes per trip survey. DEPARTMENT OF COMMERCE mandates under Executive Order 12866, the Magnuson-Steven Fishery Estimated Total Annual Burden Hours: 80. National Oceanic and Atmospheric Conservation and Management Act Administration (U.S.C. 1801 et seq.), the Regulatory Estimated Total Annual Cost to Flexibility Act, the Endangered Species Public: $0 in recordkeeping/reporting Proposed Information Collection; Act, and the National Environmental costs. Comment Request; Economic Surveys Policy Act; and quantify achievement of IV. Request for Comments of American Samoa, Guam, and the the performance measures in the NMFS Commonwealth of the Northern Strategic Operating Plans. An example Comments are invited on: (a) Whether Mariana Islands (CNMI) Small Boat- of these performance measures is the the proposed collection of information Based Fisheries fishing cost trend that is one of the is necessary for the proper performance economic performance indicators of the functions of the agency, including AGENCY: National Oceanic and reported in the Annual Stock whether the information shall have Atmospheric Administration (NOAA), Assessment and Fishery Evaluation practical utility; (b) the accuracy of the Commerce. Reports of each Fishery Ecosystem Plan agency’s estimate of the burden ACTION: Notice. (http://www.wpcouncil.org/annual- (including hours and cost) of the reports/). In addition, the economic data proposed collection of information; (c) SUMMARY: The Department of collected will allow quantitative ways to enhance the quality, utility, and Commerce, as part of its continuing assessment of the fisheries sector’s clarity of the information to be effort to reduce paperwork and social and economic contribution, as collected; and (d) ways to minimize the respondent burden, invites the general well as show linkages and impacts of burden of the collection of information public and other Federal agencies to the fisheries sector to the overall on respondents, including through the comment on proposed and/or economy through Input-output (I–O) use of automated collection techniques continuing information collections, as models analyses. Results from I–O or other forms of information required by the Paperwork Reduction analyses will not only provide technology. Act of 1995. indicators of social-economic benefits of Comments submitted in response to DATES: To ensure consideration, written the marine ecosystem, a performance this notice will be summarized and/or or on-line comments must be submitted measure in the NMFS Strategic included in the request for OMB on or before May 15, 2020. Operating Plans, but will also be used approval of this information collection;

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