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certification (i.e., documents maintained in lllllllllllllllllllll substantiate the claims made herein, and/or the normal course of business, or documents TITLE failure to allow CBP and/or Commerce to obtained by the certifying party, for example, lllllllllllllllllllll verify the claims made herein, may result in mill certificates, production records, DATE a de facto determination that all sales to invoices, etc.) for the later of: (1) A period of which this certification applies are within five years from the date of entry or (2) a Appendix IV the scope of the antidumping/countervailing period of three years after the conclusion of Exporter Certification duty on corrosion resistant steel any litigation in the United States courts products from China. I understand that such regarding such entries. Special Instructions: The party that made finding will result in: (I) I understand that {NAME OF the sale to the United States should fill out (i) Suspension of all unliquidated entries IMPORTING COMPANY} is required to the exporter certification. (and entries for which liquidation has not provide this certification and supporting I hereby certify that: become final) for which these requirements { records, upon request, to U.S. Customs and (A) My name is COMPANY OFFICIAL’S were not met; and } { NAME and I am an official of NAME OF (ii) the requirement that the importer post Border Protection (CBP) and/or the } { } Department of Commerce (Commerce). COMPANY , located at ADDRESS ; applicable antidumping duty and/or (J) I understand that {NAME OF (B) I have direct personal knowledge of the countervailing duty cash deposits (as IMPORTING COMPANY} is required to facts regarding the production and appropriate) equal to the rates as determined maintain a copy of the exporter’s certification exportation of the corrosion resistant steel by Commerce; and (attesting to the production and/or export of products identified below. ‘‘Direct personal (iii) the revocation of {NAME OF the imported merchandise identified above), knowledge’’ refers to facts the certifying party EXPORTING COMPANY}’s privilege to and any supporting records provided by the is expected to have in its own books and certify future exports of corrosion resistant records. For example, an exporter should exporter to the importer, for the later of: (1) steel products from Malaysia as not have direct personal knowledge of the A period of five years from the date of entry manufactured using hot-rolled steel and/or producer’s identity and location. or (2) a period of three years after the cold-rolled steel substrate from China. (C) The corrosion resistant steel products conclusion of any litigation in United States (K) This certification was completed at or produced in Malaysia and covered by this courts regarding such entries. certification were not manufactured using prior to the date of shipment. (K) I understand that {NAME OF hot-rolled steel and/or cold-rolled steel (L) I am aware that U.S. law (including, but IMPORTING COMPANY}is required, upon substrate produced in China. not limited to, 18 U.S.C. 1001) imposes request, to provide a copy of the exporter’s (D) This certification applies to the criminal sanctions on individuals who certification and any supporting records following sales to {NAME OF U.S. knowingly and willfully make material false provided by the exporter to the importer, to CUSTOMER}, located at {ADDRESS OF U.S. statements to the U.S. government. CBP and/or Commerce. CUSTOMER} (repeat this block as many lllllllllllllllllllll (L) I understand that the claims made times as necessary): Signature herein, and the substantiating lllllllllllllllllllll documentation, are subject to verification by Foreign Seller’s Invoice # to U.S. Customer: CBP and/or Commerce. Foreign Seller’s Invoice to U.S. Customer NAME OF COMPANY OFFICIAL (M) I understand that failure to maintain Line item #: lllllllllllllllllllll the required certifications, and/or failure to Producer Name: TITLE substantiate the claims made herein, and/or Producer’s Address: lllllllllllllllllllll Producer’s Invoice # to Foreign Seller: (If the failure to allow CBP and/or Commerce to DATE verify the claims made herein, may result in foreign seller and the producer are the [FR Doc. 2021–11849 Filed 6–4–21; 8:45 am] a de facto determination that all entries to same party, put NA here.) which this certification applies are within (E) The corrosion resistant steel products BILLING CODE 3510–DS–P the scope of the antidumping/countervailing covered by this certification were shipped to duty order on corrosion resistant steel {NAME OF U.S. PARTY TO WHOM products from China. I understand that such MERCHANDISE WAS SHIPPED}, located at DEPARTMENT OF COMMERCE { finding will result in: U.S. ADDRESS TO WHICH MERCHANDISE } (i) Suspension of liquidation of all WAS SHIPPED . National Oceanic and Atmospheric { unliquidated entries (and entries for which (F) I understand that NAME OF Administration } liquidation has not become final) for which EXPORTING COMPANY is required to these requirements were not met; maintain a copy of this certification and [RTID 0648–XB006] (ii) the requirement that the importer post sufficient documentation supporting this applicable antidumping duty and/or certification (i.e., documents maintained in Takes of Marine Incidental to countervailing duty cash deposits (as the normal course of business, or documents Specified Activities; Taking Marine appropriate) equal to the rates determined by obtained by the certifying party, for example, Mammals Incidental to Marine Site Commerce; and mill certificates, production records, Characterization Surveys Off of (iii) the revocation of {NAME OF invoices, etc.) for the later of: (1) A period of Massachusetts and Rhode Island IMPORTING COMPANY}’s privilege to five years from the date of entry or (2) a certify future imports of corrosion resistant period of three years after the conclusion of AGENCY: National Marine Fisheries steel products from Malaysia as not any litigation in the United States courts Service (NMFS), National Oceanic and manufactured using hot-rolled steel and/or regarding such entries. (G) I understand that {NAME OF Atmospheric Administration (NOAA), cold-rolled steel substrate from China. } Commerce. (N) I understand that agents of the EXPORTING COMPANY must provide a ACTION: Notice; proposed incidental importer, such as brokers, are not permitted copy of this Exporter Certification to the U.S. to make this certification. importer by the date of shipment; harassment authorization; request for (H) I understand that {NAME OF comments on proposed authorization (O) This certification was completed at or } prior to the date of entry summary. EXPORTING COMPANY is required to and possible renewal. (P) I am aware that U.S. law (including, but provide a copy of this certification and supporting records, upon request, to U.S. not limited to, 18 U.S.C. 1001) imposes SUMMARY: NMFS has received a request Customs and Border Protection (CBP) and/or criminal sanctions on individuals who from Vineyard Wind 1, LLC (Vineyard the Department of Commerce (Commerce). knowingly and willfully make material false Wind 1) for authorization to take marine (I) I understand that the claims made statements to the U.S. government. mammals incidental to marine site herein, and the substantiating lllllllllllllllllllll documentation, are subject to verification by characterization surveys off of Signature CBP and/or Commerce. Massachusetts and Rhode Island. lllllllllllllllllllll (J) I understand that failure to maintain the Pursuant to the Marine NAME OF COMPANY OFFICIAL required certification, and/or failure to Protection Act (MMPA), NMFS is

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requesting comments on its proposal to intentional, taking of small numbers of IHA to take marine mammals incidental issue an incidental harassment marine mammals by U.S. citizens who to marine site characterization surveys authorization (IHA) to incidentally take engage in a specified activity (other than off of Massachusetts and Rhode Island marine mammals during the specified commercial fishing) within a specified for the 501 North wind energy project. activities. NMFS is also requesting geographical region if certain findings The application was deemed adequate comments on a possible one-time, one- are made and either regulations are and complete on May 19, 2021. year renewal that could be issued under issued or, if the taking is limited to Vineyard Wind 1’s request is for take of certain circumstances and if all harassment, a notice of a proposed a small number of 14 species of marine requirements are met, as described in incidental take authorization may be mammals by Level B harassment only. Request for Public Comments at the end provided to the public for review. Neither Vineyard Wind 1 nor NMFS of this notice. NMFS will consider Authorization for incidental takings expects serious injury or mortality to public comments prior to making any shall be granted if NMFS finds that the result from this activity and, therefore, final decision on the issuance of the taking will have a negligible impact on an IHA is appropriate. requested MMPA authorizations and the species or stock(s) and will not have NMFS previously issued an IHA to agency responses will be summarized in an unmitigable adverse impact on the Vineyard Wind LLC (Vineyard Wind) the final notice of our decision. availability of the species or stock(s) for for similar marine site characterization DATES: Comments and information must taking for subsistence uses (where surveys (85 FR 42357; July 14, 2020), be received no later than July 7, 2021. relevant). Further, NMFS must prescribe and NMFS has received a request from the permissible methods of taking and ADDRESSES: Comments should be Vineyard Wind for a renewal of that other ‘‘means of effecting the least addressed to Jolie Harrison, Chief, IHA. practicable adverse impact’’ on the Permits and Conservation Division, Since issuance of Vineyard Wind’s affected species or stocks and their Office of Protected Resources, National previous IHA (85 FR 42357; July 14, habitat, paying particular attention to Marine Fisheries Service. Written 2020), Vineyard Wind has split into rookeries, mating grounds, and areas of comments should be submitted via separate corporate entities, Vineyard similar significance, and on the email to [email protected]. Wind (to which the previous IHA was Instructions: NMFS is not responsible availability of the species or stocks for issued), and Vineyard Wind 1, which for comments sent by any other method, taking for certain subsistence uses holds assets associated with the 501 to any other address or individual, or (referred to in shorthand as North wind energy project. Therefore, received after the end of the comment ‘‘mitigation’’); and requirements although the surveys analyzed in this period. Comments, including all pertaining to the mitigation, monitoring proposed IHA to Vineyard Wind 1 attachments, must not exceed a 25- and reporting of the takings are set forth. would occur in an area that overlaps The definitions of all applicable megabyte file size. All comments with a portion of the project area MMPA statutory terms cited above are received are a part of the public record included in the previous Vineyard Wind included in the relevant sections below. and will generally be posted online at IHA (and potentially a renewal, if https://www.fisheries.noaa.gov/ National Environmental Policy Act appropriate), this proposed IHA would be issued to a separate corporate entity national/marine-mammal-protection/ To comply with the National (Vineyard Wind 1). incidental-take-authorizations-other- Environmental Policy Act of 1969 energy-activities-renewable without (NEPA; 42 U.S.C. 4321 et seq.) and Description of Proposed Activity change. All personal identifying NOAA Administrative Order (NAO) Overview information (e.g., name, address) 216–6A, NMFS must review our voluntarily submitted by the commenter proposed action (i.e., the issuance of an As part of its overall marine site may be publicly accessible. Do not IHA) with respect to potential impacts characterization survey operations, submit confidential business on the human environment. This action Vineyard Wind 1 proposes to conduct information or otherwise sensitive or is consistent with categories of activities high-resolution geophysical (HRG) protected information. identified in Categorical Exclusion B4 surveys in the Lease Area and along the FOR FURTHER INFORMATION CONTACT: (IHAs with no anticipated serious injury Offshore Export Cable Corridor (OECC) Leah Davis, Office of Protected or mortality) of the Companion Manual off of Massachusetts and Rhode Island. Resources, NMFS, (301) 427–8401. for NOAA Administrative Order 216– The purpose of the marine site Electronic copies of the application and 6A, which do not individually or characterization surveys is to obtain a supporting documents, as well as a list cumulatively have the potential for baseline assessment of seabed/sub- of the references cited in this document, significant impacts on the quality of the surface soil conditions in the Lease Area may be obtained online at: https:// human environment and for which we and cable route corridors to support the www.fisheries.noaa.gov/national/ have not identified any extraordinary siting of potential future offshore wind marine-mammal-protection/incidental- circumstances that would preclude this projects. Underwater sound resulting take-authorizations-other-energy- categorical exclusion. Accordingly, from Vineyard Wind 1’s proposed site activities-renewable. In case of problems NMFS has preliminarily determined characterization survey activities, accessing these documents, please call that the issuance of the proposed IHA specifically HRG surveys, has the the contact listed above. qualifies to be categorically excluded potential to result in incidental take of SUPPLEMENTARY INFORMATION: from further NEPA review. marine mammals in the form of We will review all comments behavioral harassment. Background submitted in response to this notice Dates and Duration The MMPA prohibits the ‘‘take’’ of prior to concluding our NEPA process marine mammals, with certain or making a final decision on the IHA The total duration of HRG survey exceptions. Sections 101(a)(5)(A) and request. activities would be approximately 170 (D) of the MMPA (16 U.S.C. 1361 et survey days. Each day that a survey seq.) direct the Secretary of Commerce Summary of Request vessel is operating counts as a single (as delegated to NMFS) to allow, upon On January 29, 2021, NMFS received survey day, e.g., two survey vessels request, the incidental, but not a request from Vineyard Wind 1 for an operating on the same day count as two

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survey days. This schedule is based on Specific Geographic Region from about 35 to 60 meters (m) (115 to assumed 24-hour operations. Vineyard Vineyard Wind 1’s proposed survey 197 feet (ft)). Water depths along the Wind 1 proposes to begin survey activities would occur in the Lease potential OECC route range from 2.5 to activities in summer 2021, upon receipt Area, located approximately 24 approximately 35 m (8 to approximately of an IHA, and continue for up to one kilometers (km) (13 nautical miles 115 ft). For the purpose of this IHA, the year (though the actual duration will (nmi)) from the southeast corner of Lease Area and OECC are collectively likely be shorter, particularly given the Martha’s Vineyard, and along the OECC referred to as the project area. The use of multiple vessels). The IHA would route (landfall) in both Federal and project area for this proposed IHA be effective for one year from the date State waters of Massachusetts (see overlaps with the project area for of issuance. Figure 1). The OECC routes will extend Vineyard Wind’s previous IHA (85 FR from the lease areas to shallow water 42357; July 14, 2020) for which areas near potential landfall locations. Vineyard Wind has submitted a renewal Water depths in the Lease Area range request.

W'O.QOO'W 73"30.000'W 73"0.000'W 72"30.000'W no0.000'W 71"30.000'W 71'0.000'W 70"30.000'W 70'0.000'W 69"30.000'W I D Potential survey t D Vineyard Wind 0501 lease area I.. ® 0 25 50km 0 10 20NM

73"30,000'W 73'0.000'W 72"30.000'W 72'0.000'W 71"30.000'W 71'0.000'W 70"30.ooo'W 10'0,000'W 69'30.000'W

Figure 1-- Potential Survey Area

Detailed Description of Specific Activity profiler (SBP), CHIRP SBP, boomers, or of approximately 4 knots (2.1 m/second) sparkers. HRG survey activities are while surveying, which equates to 181 Vineyard Wind 1 proposes to conduct anticipated to include multiple survey km per 24-hour period. However, based HRG survey operations, including single vessels (up to eight, depending on the on past survey experience (i.e., and multibeam depth sounding, season), which may operate knowledge of typical daily downtime magnetic intensity measurements, concurrently, though surveys will be due to weather, system malfunctions, seafloor imaging, and shallow and spaced to avoid geophysical interference etc.), Vineyard Wind 1 assumes 80 km medium penetration sub bottom with one another. Vineyard Wind 1 as the average daily distance. profiling. The HRG surveys may be assumes that HRG survey activities Acoustic sources planned for use conducted using any or all of the would be conducted continuously 24 during HRG survey activities proposed following equipment types: Side scan by Vineyard Wind 1 include the hours per day, with an assumed daily sonar, single and multibeam following: echosounders, magnetometers and survey distance of 80 km (43 nmi). • Shallow Penetration Sub-bottom gradiometers, parametric sub-bottom Survey vessels would maintain a speed Profilers (SBP; Chirps) to map the near-

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surface stratigraphy (top 0 to 5 m (0 to generate short, very narrow-beam (1° to frequencies >180 kHz and are therefore 16 ft)) of sediment below seabed). A 3.5°) signals at high frequencies outside the general hearing range of chirp system emits sonar pulses that (generally around 85–100 kHz). The marine mammals; increase in frequency from about 2 to 20 narrow beamwidth significantly reduces • Side-scan Sonar (SSS) is used for kHz over time. The pulse length the potential that a seabed sediment classification purposes frequency range can be adjusted to meet could be exposed to the signal, while and to identify natural and man-made project variables. These sources are the high frequency of operation means acoustic targets on the seafloor. The typically mounted on the hull of the that the signal is rapidly attenuated in proposed SSSs all have operating vessel or from a side pole; seawater. These sources are typically frequencies >180 kHz and are therefore • Medium Penetration SBPs (Boomers mounted on the hull of the vessel or outside the general hearing range of and Sparkers) to map deeper subsurface from a side pole rather than towed marine mammals; and stratigraphy as needed. A boomer is a behind the vessel; • Magnetometer/Gradiometer has an broadband sound source operating in • Ultra-Short Baseline (USBL) operating frequency >180 kHz and is the 3.5 Hz to 10 kHz frequency range. positioning systems are used to provide therefore outside the general hearing Sparkers create acoustic pulses from 50 high accuracy ranges by measuring the range of marine mammals. Hz to 4 kHz omnidirectionally from the time between the acoustic pulses Table 1 identifies the representative source that can penetrate several transmitted by the vessel transceiver survey equipment with the expected hundred meters into the seafloor. These and the equipment transponder (or potential to result in exposure of marine sources are typically towed behind the beacon) necessary to produce the mammals and potentially result in take. vessel. acoustic profile. It is a two-component The make and model of the listed Operation of the following survey system with a hull or pole mounted geophysical equipment may vary equipment types is not reasonably transceiver and one or several depending on availability and the final expected to present risk of marine transponders either on the seabed or on equipment choices will vary depending mammal take, and will not be discussed the equipment. USBLs are expected to on the final survey design, vessel further beyond the brief summaries produce extremely small acoustic availability, and survey contractor provided below; propagation distances in their typical selection. • Parametric SBPs, also called operating configuration; HRG surveys are expected to use sediment echosounders, for providing • Single beam and Multibeam several equipment types concurrently in high data density in sub-bottom profiles Echosounders (MBESs) to determine order to collect multiple aspects of that are typically required for cable water depths and general bottom geophysical data along one transect. routes, very shallow water, and topography. The proposed single beam Selection of equipment combinations is archaeological surveys. These sources and MBES all have operating based on specific survey objectives.

TABLE 1—SUMMARY OF REPRESENTATIVE HRG EQUIPMENT

In-beam source level Frequency Beam width Pulse duration Repetition rate (dB) System (kHz) (°) (ms) (Hz) RMS I Pk Shallow subbottom profiler (non-impulsive)

EdgeTech Chirp 216 ...... 2–16 65 2 3.75 178 182

Deep seismic profiler (impulsive)

Applied Acoustics AA251 Boomer ...... 0.2–15 180 0.8 2 205 212 GeoMarine Geo Spark 2000 ...... (400 tip) ...... 0.05–3 180 3.4 1 203 213 Note: While many of these sources overlap with Vineyard Wind’s previous IHA (85 FR 42357; July 14, 2020), the operating parameters used as proxies in modeling some sources were changed as a result of HRG modeling recommendations from NMFS. For data source information, please see Table A–3 in Vineyard Wind 1’s application.

Proposed mitigation, monitoring, and Assessment Reports (SARs; https:// potential biological removal (PBR), reporting measures are described in www.fisheries.noaa.gov/national/ where known. For , we follow detail later in this document (see marine-mammal-protection/marine- the Committee on Taxonomy (2020). Proposed Mitigation and Proposed mammal-stock-assessments) and more PBR is defined by the MMPA as the Monitoring and Reporting). general information about these species maximum number of , not (e.g., physical and behavioral including natural mortalities, that may Description of Marine Mammals in the descriptions) may be found on NMFS’s Area of Specified Activities be removed from a marine mammal website (https:// stock while allowing that stock to reach Sections 3 and 4 of the application www.fisheries.noaa.gov/find-species). or maintain its optimum sustainable summarize available information Table 2 lists all species or stocks for population (as described in NMFS’s regarding status and trends, distribution which take is expected and proposed to SARs). While no mortality is anticipated and habitat preferences, and behavior be authorized for this action, and or authorized here, PBR and annual and life history, of the potentially summarizes information related to the serious injury and mortality from affected species. Additional information population or stock, including anthropogenic sources are included here regarding population trends and threats regulatory status under the MMPA and as gross indicators of the status of the may be found in NMFS’s Stock Endangered Species Act (ESA) and species and other threats.

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Marine mammal abundance estimates some species, this geographic area may at: https://www.fisheries.noaa.gov/ presented in this document represent extend beyond U.S. waters. All managed national/marine-mammal-protection/ the total number of individuals that stocks in this region are assessed in draft-marine-mammal-stock- make up a given stock or the total NMFS’s U.S. Atlantic and Gulf of assessment-reports). The most recent number estimated within a particular Mexico SARs. All values presented in North Atlantic right stock study or survey area. NMFS’s stock Table 2 are the most recent available at abundance estimate is presented in abundance estimates for most species the time of publication and, except for NOAA Technical Memorandum NMFS– represent the total estimate of North Atlantic , are available NE–269 (Pace 2021). individuals within the geographic area, in the 2019 SARs (Hayes et al., 2020) if known, that comprises that stock. For and draft 2020 SARs (available online TABLE 2—MARINE MAMMALS LIKELY TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY VINEYARD WIND 1’S PROPOSED ACTIVITY

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

Family Balaenidae: North Atlantic right Eubalaena glacialis ...... Western North Atlantic ...... E/D; Y 368 (NA; 356; 2018) ...... 0.8 18.6 whale 4. Family Balaenopteridae (): ...... Megaptera novaeangliae ...... Gulf of Maine ...... -/-; Y 1,393 (0.15; 1,375; 2016) .... 22 58 ...... physalus ...... Western North Atlantic ...... E/D; Y 6,802 (0.24; 5,573; 2016) .... 11 2.35 ...... Balaenoptera borealis ...... Nova Scotia ...... E/D; Y 6,292 (1.02; 3,098; 2016) .... 6.2 1.2 ...... Balaenoptera acutorostrata .. Canadian Eastern Coastal ... -/-; N 21,968 (0.31; 17,002; 2016) 170 10.6

Superfamily Odontoceti (toothed whales, , and )

Family Physeteridae: ...... Physeter macrocephalus ...... North Atlantic ...... E; Y 4,349 (0.28; 3,451; 2016) .... 3.9 0 Family Delphinidae: Long-finned .. Globicephala melas ...... Western North Atlantic ...... -/-; N 39,215 (0.3; 30,627; 2016) .. 306 21 Bottlenose ...... Tursiops spp ...... Western North Atlantic Off- -/-; N 62,851 (0.213; 51,914; 2016) 519 28 shore. ...... Delphinus delphis ...... Western North Atlantic ...... -/-; N 172,974 (0.21; 145,216; 1,452 399 2016). Atlantic white-sided dol- acutus ...... Western North Atlantic ...... -/-; N 92,233 (0.71; 54,433; 2016) 544 26 phin. Risso’s dolphin ...... Grampus griseus ...... Western North Atlantic ...... -/-; N 35,493 (0.19; 30,289; 2016) 303 54.3 Family Phocoenidae (por- poises): Harbor ...... phocoena ...... Gulf of Maine/Bay of Fundy -/-; N 95,543 (0.31; 74,034; 2016) 851 217

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals): Gray seal 5 ...... Halichoerus grypus ...... Western North Atlantic ...... -/-; N 27,131 (0.19; 23,158, 2016) 1,389 4,729 Harbor seal ...... Phoca vitulina ...... Western North Atlantic ...... -/-; N 75,834 (0.15; 66,884, 2012) 2,006 350 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (NA). 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). 4 This is the latest stock abundance estimate and Nmin as presented in Pace (2021). 5 NMFS stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is approxi- mately 451,431. The annual M/SI value is given for the total stock.

As indicated above, all 14 species species is not expected to occur. Killer ( longirostris), and hooded seal (with 14 managed stocks) in Table 2 whale (Orcinus orca) Northern (Cystophora cristata), are not expected temporally and spatially co-occur with (Hyperoodon to occur within the project area based the activity to the degree that take is ampullatus), pygmy (Feresa on a lack of sightings in the area and reasonably likely to occur. All species attenuata), (Pseudorca their known habitat preferences and that could potentially occur in the crassidens), melon-headed whale distributions. The proposed survey areas are included in (Peponocephala electra), pantropical (Balaenoptera musculus), Cuvier’s Table 2 of the IHA application. (Stenella attenuata), (Ziphius cavirostris), four However, the temporal and/or spatial Fraser’s dolphin (Lagenodelphis hosei), species of Mesoplodont beaked whale occurrence of several species listed in rough-toothed dolphin (Steno (Mesoplodon spp.), dwarf and pygmy Table 2 in Vineyard Wind 1’s IHA bredanensis), sperm whale ( sima and Kogia application is such that take of these (Stenella clymene), breviceps), and

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(Stenella coeruleoalba), typically occur and late May. Data indicate that right growth between 1997 and 2000 (Pace et further offshore than the project area, whales occur at elevated densities in the al. 2017). However, since 2010 the while short-finned pilot whales project area south and southwest of population has been in decline, with a (Globicephala macrorhynchus) and Martha’s Vineyard in the spring 99.99 percent probability of a decline of Atlantic spotted dolphins (Stenella (March–May) and south of Nantucket just under 1 percent per year (Pace et al. frontalis) are typically found further during winter (December–February; 2017). Between 1990 and 2015, calving south than the project area (Hayes et al., Roberts et al. 2018; Leiter et al. 2017; rates varied substantially, with low 2020). There are stranding records of Kraus et al. 2016). Consistent calving rates coinciding with all three harp seals (Pagophilus groenlandicus) aggregations of right whales feeding and periods of decline or no growth (Pace et in Massachusetts, but the species possibly mating within or close to these al. 2017). In 2018, no new North typically occurs north of the project area specific areas is such that they have Atlantic right whale calves were and appearances in Massachusetts been considered right whale ‘‘hotspots’’ documented in their calving grounds; usually occur between January and May (Leiter et al. 2017; Kraus et al. 2016). this represented the first time since (Hayes et al., 2020), outside of the Although there is variability in right annual NOAA aerial surveys began in months that Vineyard Wind 1 is most whale distribution patterns among 1989 that no new right whale calves likely to conduct the majority of the years, and some aggregations appear to were observed. However, in 2019 seven survey activities. be ephemeral, an analysis of hot spots right whale calves were identified, 10 in Vineyard Wind observed two white suggests that there is some regularity in 2020, and to date 17 live calves have beaked dolphins during surveys right whale use of the project area been identified in 2021. Data indicates authorized under a previous IHA (85 FR (Kraus et al. 2016). that the number of adult females fell 42357; July 14, 2020). Please see https:// Additionally, numerous Dynamic from 200 in 2010 to 186 in 2015 while www.fisheries.noaa.gov/action/ Management Areas (DMAs) have been males fell from 283 to 272 in the same incidental-take-authorization-vineyard- established in these areas in recent time frame (Pace et al., 2017). wind-llc-marine-site-characterization- years. NMFS may establish DMAs when Elevated North Atlantic right whale surveys for additional information on and where NARWs are sighted outside mortalities have occurred since June 7, this sighting. Except for the single Seasonal Management Areas (SMAs). 2017. A total of 34 confirmed dead observation of white beaked dolphins DMAs are generally in effect for two stranded whales (21 in Canada; 13 in referenced here, no sightings of white weeks. During this time, vessels are the United States), have been beaked dolphins have been reported in encouraged to avoid these areas or documented to date. This event has monitoring reports from issued IHAs in reduce speeds to 10 knots (5.1 m/s) or been declared an Unusual Mortality the same region in recent years, and less while transiting through these Event (UME), with human interactions encounters with the species in the areas. (i.e., entanglements and vessel strikes) survey area remain unlikely. Given the NMFS’s regulations at 50 CFR part identified as the most likely cause. More low likelihood of occurrence of white 224.105 designated nearshore waters of information is available online at: beaked dolphins, NMFS does not the Mid-Atlantic Bight as Mid-Atlantic https://www.fisheries.noaa.gov/ propose to include take of white beaked U.S. SMAs for right whales in 2008. national/marine-life-distress/2017-2021- dolphins in this IHA. As take of these SMAs were developed to reduce the north-atlantic-right-whale-unusual- species is not anticipated as a result of threat of collisions between ships and mortality-event (accessed May 7, 2020). the proposed activities, these species are right whales around their migratory Humpback Whale not discussed further. route and calving grounds. All vessels In addition to what is included in greater than 19.8 m (65 ft) in overall Prior to 2016, humpback whales were Sections 3 and 4 of Vineyard Wind 1’s length must operate at speeds of 10 listed under the ESA as an endangered application, the SARs, and NMFS’s knots (5.1 m/s) or less within these areas species worldwide. Following a 2015 website, further detail informing the during specific time periods. The Block global status review (Bettridge et al., baseline for select species (i.e., Island Sound SMA overlaps with the 2015), NMFS delineated 14 distinct information regarding current Unusual south/east portion of Lease Area OCS– population segments (DPS) with Mortality Events (UME) and important A 0501 and is active between November different listing statuses (81 FR 62259; habitat areas) is provided below. 1 and April 30 each year. September 8, 2016) pursuant to the ESA. The project area overlaps with a right The West Indies DPS, which is not North Atlantic Right Whale whale Biologically Important Area (BIA) listed under the ESA, is the only DPS of The North Atlantic right whale ranges for migration from March to April and humpback whale that is expected to from the calving grounds in the from November to December (LaBrecque occur in the survey area. Bettridge et al. southeastern United States to feeding et al. 2015). Identified right whale (2015) estimated the size of this grounds in New England waters and feeding BIAs occur outside of the population at 12,312 (95 percent CI into Canadian waters (Waring et al., project area (map showing designated 8,688–15,954) whales in 2004–05, 2017). Surveys indicate that there are BIAs is available at: https:// which is consistent with previous seven areas where NARWs congregate cetsound.noaa.gov/biologically- population estimates of approximately seasonally, including Georges Basin important-area-map); however, Oleson 10,000–11,000 whales (Stevick et al., along the northeastern edge of Georges et al. (2020) identified an area south of 2003; Smith et al., 1999) and the Bank, Cape Cod and Massachusetts Bay Martha’s Vineyard and Nantucket, increasing trend for the West Indies DPS (Hayes et al. 2018). Aerial surveys referred to as ‘‘South of the Islands,’’ as (Bettridge et al., 2015). Whales indicated that right whales were a newer, year-round, core North Atlantic occurring in the survey area are consistently detected in or near the right whale foraging habitat. The South considered to be from the West Indies Lease Area and surrounding survey of the Islands area overlaps with most DPS, but are not necessarily from the areas during the winter and spring of Vineyard Wind 1’s project area. Gulf of Maine feeding population seasons. Acoustic detections of right The western North Atlantic managed as a stock by NMFS. whales occurred during all months of population demonstrated overall growth Kraus et al. (2016) observed the year, with the highest number of of 2.8 percent per year from 1990 to humpback whales in the Rhode Island/ detections typically between December 2010, despite a decline in 1993 and no Massachusetts and Massachusetts Wind

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Energy Areas (RI/MA & MA WEAs) and relative abundance in the RI/MA & MA in which spring to fall are times of surrounding areas during all seasons. WEAs and surrounding areas. Fin relatively widespread and common Humpback whales were observed most whales were observed in the MA WEA occurrence, and when the whales are often during spring and summer in spring and summer. This species was most abundant in New England waters, months, with a peak from April to June. observed primarily in the offshore while during winter the species appears Calves were observed 10 times and (southern) regions of the RI/MA & MA to be largely absent (Waring et al., 2017). feeding was observed 10 times during WEAs during spring and was found Kraus et al. (2016) observed minke the Kraus et al. (2016) study. That study closer to shore (northern areas) during whales in the RI/MA & MA WEAs and also observed one instance of courtship the summer months (Kraus et al. 2016). surrounding areas primarily from May behavior. Although humpback whales Calves were observed three times and to June. This species demonstrated a were rarely seen during fall and winter feeding was observed nine times during distinct seasonal habitat usage pattern surveys, acoustic data indicate that this the Kraus et al. (2016) study. Although that was consistent throughout the species may be present within the MA fin whales were largely absent from study. Though minke whales were WEA year-round, with the highest rates visual surveys in the RI/MA & MA observed in spring and summer months of acoustic detections in winter and WEAs in the fall and winter months in the MA WEA, they were only spring (Kraus et al. 2016). (Kraus et al. 2016), acoustic data observed in the lease areas in the spring. Since January 2016, elevated indicated that this species was present Minke whales were not observed humpback whale mortalities have in the RI/MA & MA WEAs during all between October and February, but occurred along the Atlantic coast from months of the year. acoustic data indicate the presence of Maine through Florida. The event has New England waters represent a major this species in the offshore proposed been declared a UME. Partial or full feeding ground for fin whales. The project area in winter months. A BIA for necropsy examinations have been proposed project area would overlap minke whale feeding occurs east of, but conducted on approximately half of the spatially and temporally with a feeding near, the project area from March to 149 known cases (as of April 28, 2021). BIA for fin whales, from March to November. A portion of the whales have shown October (LaBrecque et al. 2015). The Since January 2017, elevated minke evidence of pre-mortem vessel strike; separate year-round feeding BIA to the whale strandings have occurred along however, this finding is not consistent northeast does not overlap with the the Atlantic coast from Maine through across all of the whales examined so project area. South Carolina, with highest numbers in more research is needed. NOAA is Massachusetts, Maine, and New York. Sei Whale consulting with researchers that are Partial or full necropsy examinations conducting studies on the humpback The Nova Scotia stock of sei whales have been conducted on more than 60 whale populations, and these efforts can be found in deeper waters of the percent of the 105 known cases (as of may provide information on changes in continental shelf edge waters of the April 28, 2021). Preliminary findings in whale distribution and habitat use that northeastern United States and several of the whales have shown could provide additional insight into northeastward to south of evidence of human interactions or how these vessel interactions occurred. Newfoundland. NMFS considers sei infectious disease. These findings are More detailed information is available whales occurring from the U.S. East not consistent across all of the whales at: https://www.fisheries.noaa.gov/ Coast to Cape Breton, Nova Scotia, and examined, so more research is needed. national/marine-life-distress/2016-2021- east to 42° as the Nova Scotia stock of More information is available at: https:// humpback-whale-unusual-mortality- sei whales (Waring et al. 2016; Hayes et www.fisheries.noaa.gov/national/ event-along-atlantic-coast (accessed al. 2018). In the Northwest Atlantic, it marine-life-distress/2017-2021-minke- April 28, 2021). No BIAs have been is speculated that the whales migrate whale-unusual-mortality-event-along- identified for humpback whales in the from south of Cape Cod along the atlantic-coast (accessed April 28, 2021). eastern Canadian coast in June and July, project area. Sperm Whale and return on a southward migration Fin Whale again in September and October (Waring The distribution of the sperm whale Fin whales typically feed in the Gulf et al. 2014; 2017). Spring is the period in the U.S. Exclusive Economic Zone of Maine and the waters surrounding of greatest abundance in U.S. waters, (EEZ) occurs on the continental shelf New England, but their mating and with sightings concentrated along the edge, over the continental slope, and calving (and general wintering) areas are eastern margin of Georges Bank and into into mid-ocean regions (Waring et al. largely unknown (Hain et al. 1992, the Northeast Channel area, and along 2015). Sperm whales are somewhat Hayes et al. 2018). Acoustic detections the southwestern edge of Georges Bank migratory; however, their migrations are of fin whale singers augment and in the area of Hydrographer Canyon not as specific as seen in most of the confirm these visual sighting (Waring et al., 2015). A BIA for sei species. In the North conclusions for males. Recordings from whale feeding occurs east of, but near, Atlantic, there appears to be a general Massachusetts Bay, New York bight, and the project area from May through shift northward during the summer, but deep-ocean areas have detected some November (LaBrecque et al. 2015). there is no clear migration in some level of fin whale singing from temperate areas (Rice 1989). In summer, September through June (Watkins et al. Minke Whale the distribution of sperm whales 1987, Clark and Gagnon 2002, Morano Minke whales occur in temperate, includes the area east and north of et al. 2012). These acoustic observations tropical, and high-latitude waters. The Georges Bank and into the Northeast from both coastal and deep-ocean Canadian East Coast stock occur in the Channel region, as well as the regions support the conclusion that area from the western half of the Davis continental shelf (inshore of the 100-m male fin whales are broadly distributed Strait (45° W) to the Gulf of Mexico isobath) south of New England. In the throughout the western North Atlantic (Waring et al., 2017). This species fall, sperm whale occurrence south of for most of the year (Hayes et al. 2019). generally occupies waters less than 100 New England on the continental shelf is Kraus et al. (2016) suggest that, m deep on the continental shelf. There at its highest level, and there remains a compared to other baleen whale species, appears to be a strong seasonal continental shelf edge occurrence in the fin whales have a high multi-seasonal component to minke whale distribution mid-Atlantic bight. In winter, sperm

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whales are concentrated east and whales were observed during the fall or common dolphins occur year-round in northeast of Cape Hatteras. Their winter, and these species were only the RI/MA & MA WEAs and distribution is typically associated with observed 11 times in the spring and surrounding areas. Common dolphins waters over the continental shelf break three times in the summer. were the most frequently observed small and the continental slope and into cetacean species within the Kraus et al. Atlantic White-Sided Dolphin deeper waters (Whitehead et al. 1991). (2016) study area. Common dolphins Sperm whale concentrations near drop- White-sided dolphins occur in were observed in the RI/MA & MA offs and areas with strong currents and temperate and sub-polar waters of the WEAs in all seasons and observed in the steep topography are correlated with North Atlantic, primarily in continental Lease Area OCS–A 0501 in spring, high productivity. These whales occur shelf waters to the 100-m depth contour summer, and fall. almost exclusively at the shelf break, from central West Greenland to North regardless of season. Carolina (Waring et al., 2017). The Gulf Kraus et al. (2016) observed sperm of Maine stock is most common in Bottlenose dolphins encountered in whales four times in the RI/MA & MA continental shelf waters from Hudson the survey area would likely belong to WEAs during the summer and fall from Canyon to Georges Bank, and in the Gulf the Western North Atlantic Offshore 2011 to 2015. Sperm whales, traveling of Maine and lower Bay of Fundy. Stock (Hayes et al. 2020). While, it is singly or in groups of three or four, were Sighting data indicate seasonal shifts in possible that a few animals encountered observed three times in August and distribution (Northridge et al., 1997). during the surveys could be from the September of 2012, and once in June of During January to May, low numbers of North Atlantic Northern Migratory 2015. white-sided dolphins are found from Coastal Stock, they generally do not Georges Bank to Jeffreys Ledge (off New range farther north than New Jersey, and Long-Finned Pilot Whale Hampshire), with even lower numbers therefore, such an occurrence would be Long-finned pilot whales occur from south of Georges Bank, as documented unlikely, and take of the North Atlantic North Carolina north to Iceland, by a few strandings collected on beaches Northern Migratory Coastal Stock is not Greenland and the Barents Sea (Waring of Virginia to South Carolina. From June considered further. Kraus et al. (2016) et al., 2016). They generally occur along through September, large numbers of observed common bottlenose dolphins the edge of the continental shelf (a white-sided dolphins are found from during all seasons within the RI/MA & depth of 330 to 3,300 feet (100 to 1,000 Georges Bank to the lower Bay of MA WEAs. Common bottlenose meters)), choosing areas of high relief or Fundy. From October to December, dolphins were the second most submerged banks in cold or temperate white-sided dolphins occur at commonly observed small cetacean shoreline waters. In the western North intermediate densities from southern species and exhibited little seasonal Atlantic, long-finned pilot whales are Georges Bank to southern Gulf of Maine variability in abundance. They were pelagic, occurring in especially high (Payne and Heinemann 1990). Sightings observed in the MA WEA in all seasons densities in winter and spring over the south of Georges Bank, particularly and observed in Lease Area OCS–A continental slope, then moving inshore around Hudson Canyon, occur year 0501 in the fall and winter. and onto the shelf in summer and round but at low densities. autumn following squid and mackerel Kraus et al. (2016) suggest that Risso’s Dolphins populations (Reeves et al. 2002). They Atlantic white-sided dolphins occur Off the northeastern U.S. coast, frequently travel into the central and infrequently in the RI/MA & MA WEAs Risso’s dolphins are distributed along northern Georges Bank, Great South and surrounding areas. Effort-weighted the continental shelf edge from Cape Channel, and Gulf of Maine areas during average sighting rates for Atlantic white- Hatteras northward to Georges Bank the late spring and remain through early sided dolphins could not be calculated, during spring, summer, and autumn fall (May and October) (Payne and because this species was only observed (CETAP 1982; Payne et al. 1984). In Heinemann 1993). on eight occasions throughout the winter, the range is in the mid-Atlantic Note that long-finned and short- duration of the study (October 2011 to Bight and extends outward into oceanic finned pilot whales overlap spatially June 2015). No Atlantic white-sided waters (Payne et al. 1984). Kraus et al. along the mid-Atlantic shelf break dolphins were observed during the (2016) results suggest that Risso’s between New Jersey and the southern winter months, and this species was dolphins occur infrequently in the RI/ flank of Georges Bank (Payne and only sighted twice in the fall and three MA & MA WEAs and surrounding areas. Heinemann 1993, Hayes et al. 2017) times in the spring and summer. Long-finned pilot whales have Harbor Porpoise occasionally been observed stranded as Common Dolphin The Gulf of Maine/Bay of Fundy stock far south as South Carolina, and short- The common dolphin occurs world- of harbor porpoise may occur in the finned pilot whale have stranded as far wide in temperate to subtropical seas. In project area. This stock occurs in U.S. north as Massachusetts (Hayes et al. the North Atlantic, common dolphins and Canadian Atlantic waters and is 2017). The latitudinal ranges of the two commonly occur over the continental concentrated in the northern Gulf of species therefore remain uncertain. shelf between the 100-m and 2,000-m Maine and southern Bay of Fundy However, north of approximately 42° N isobaths and over prominent region, generally in waters less than 150 (slightly north of the project area), most underwater topography and east to the m deep (Waring et al., 2017). During fall pilot whale sightings are expected to be mid-Atlantic Ridge (Waring et al., 2016). (October–December) and spring (April– long-finned pilot whales (Hayes et al. This species is found between Cape June) harbor porpoises are widely 2017). Based on the distributions Hatteras and Georges Bank from mid- dispersed from New Jersey to Maine. described in Hayes et al. (2017), pilot January to May, although they migrate During winter (January to March), whale sightings in the project area onto the northeast edge of Georges Bank intermediate densities of harbor would are expected to be long-finned in the fall where large aggregations porpoises occur in waters off New Jersey pilot whales. occur (Kenney and Vigness-Raposa to North Carolina, and lower densities Kraus et al. (2016) observed pilot 2009), where large aggregations occur on are found in waters off New York to whales infrequently in the RI/MA & MA Georges Bank in fall (Waring et al. New Brunswick, Canada. They occur WEAs and surrounding areas. No pilot 2007). Kraus et al. (2016) suggested that from the coastline to deep waters

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(>1,800 m; Westgate et al. 1998), Gray seals are expected to occur year- anthropogenic sound can have although the majority of the population round in at least some potential OECC deleterious effects. To appropriately is found over the continental shelf routes, with seasonal occurrence in the assess the potential effects of exposure (Waring et al., 2017). offshore areas from September to May to sound, it is necessary to understand Kraus et al. (2016) indicate that (Hayes et al. 2018). the frequency ranges marine mammals harbor porpoises occur within the RI/ Since July 2018, elevated numbers of are able to hear. Current data indicate MA & MA WEAs in fall, winter, and harbor seal and gray seal mortalities that not all marine mammal species spring. Harbor porpoises were observed have occurred across Maine, New have equal hearing capabilities (e.g., in groups ranging in size from three to Hampshire and Massachusetts. This Richardson et al., 1995; Wartzok and 15 individuals and were primarily event has been declared a UME. Ketten, 1999; Au and Hastings, 2008). observed in the Kraus et al. (2016) study Additionally, seals showing clinical To reflect this, Southall et al. (2007) area from November through May, with signs of stranding have occurred as far recommended that marine mammals be very few sightings during June through south as Virginia, although not in divided into functional hearing groups elevated numbers. Therefore the UME September. based on directly measured or estimated investigation now encompasses all seal hearing ranges on the basis of available Harbor Seal strandings from Maine to Virginia behavioral response data, audiograms Harbor seals occur year-round in the (including harp and hooded seals, derived using auditory evoked potential coastal waters of eastern Canada and though no take of either species is techniques, anatomical modeling, and Maine (Katona et al. 1993), and occur proposed for authorization). Between seasonally along the coasts from July 1, 2018 and April 28, 2021, a total other data. Note that no direct southern New England to New Jersey of 3,152 seal strandings have been measurements of hearing ability have from September through late May. recorded as part of this designated been successfully completed for While harbor seals occur year-round Northeast Pinniped UME. Based on tests mysticetes (i.e., low-frequency north of Cape Cod, they only occur conducted so far, the main pathogen cetaceans). Subsequently, NMFS (2018) during winter migration, typically found in the seals is phocine distemper described generalized hearing ranges for September through May, south of Cape virus. Additional testing to identify these marine mammal hearing groups. Cod (Southern New England to New other factors that may be involved in Generalized hearing ranges were chosen Jersey; Waring et al. 2015; Kenney and this UME are underway. Please see based on the approximately 65 decibel Vigness-Raposa 2009). https://www.fisheries.noaa.gov/new- (dB) threshold from the normalized england-mid-atlantic/marine-life- composite audiograms, with the Gray Seal distress/2018-2020-pinniped-unusual- exception for lower limits for low- The western North Atlantic stock of mortality-event-along for additional frequency cetaceans where the lower gray seal occurs in the project area. The information. bound was deemed to be biologically range for this stock is thought to be from implausible and the lower bound from New Jersey to Labrador. Current Marine Mammal Hearing Southall et al. (2007) retained. Marine population trends show that gray seal Hearing is the most important sensory mammal hearing groups and their abundance is likely increasing in the modality for marine mammals associated hearing ranges are provided U.S. Atlantic EEZ (Waring et al., 2017). underwater, and exposure to in Table 3.

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

Generalized hearing Hearing group range *

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

The pinniped functional hearing potential to co-occur with the proposed specified activity may impact marine group was modified from Southall et al. survey activities. Please refer to Table 2. mammals and their habitat. Detailed (2007) on the basis of data indicating Of the cetacean species that may be descriptions of the potential effects of that phocid species have consistently present, five are classified as low- similar specified activities have been demonstrated an extended frequency frequency cetaceans (i.e., all mysticete provided in other recent Federal range of hearing compared to otariids, species), six are classified as mid- Register notices, including for survey especially in the higher frequency range frequency cetaceans (i.e., all delphinid activities using the same methodology, (Hemila¨ et al., 2006; Kastelein et al., species and the sperm whale), and one over a similar amount of time, and 2009; Reichmuth and Holt, 2013). is classified as high-frequency cetaceans occurring within the same specified For more detail concerning these (i.e., harbor porpoise). geographical region (e.g., 82 FR 20563, groups and associated frequency ranges, Potential Effects of Specified Activities May 3, 2017; 85 FR 36537, June 17, please see NMFS (2018) for a review of on Marine Mammals and Their Habitat 2020; 85 FR 37848, June 24, 2020; 85 FR available information. 14 marine 48179, August 10, 2020). No significant mammal species (12 cetacean and two This section includes a summary of new information is available, and we phocids pinnipeds) have the reasonable the ways that Vineyard Wind 1’s refer the reader to these documents

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rather than repeating the details here. the sound amplitudes, averaging the anthropogenic (e.g., vessels, dredging, The Estimated Take section includes a squares, and then taking the square root construction) sound. A number of quantitative analysis of the number of of the average (Urick, 1983). Root mean sources contribute to ambient sound, individuals that are expected to be taken square accounts for both positive and including wind and waves, which are a by Vineyard Wind 1’s activity. The negative values; squaring the pressures main source of naturally occurring Negligible Impact Analysis and makes all values positive so that they ambient sound for frequencies between Determination section considers the may be accounted for in the summation 200 Hz and 50 kHz (Mitson, 1995). In potential effects of the specified activity, of pressure levels (Hastings and Popper, general, ambient sound levels tend to the Estimated Take section, and the 2005). This measurement is often used increase with increasing wind speed Proposed Mitigation section, to draw in the context of discussing behavioral and wave height. Precipitation can conclusions regarding the likely impacts effects, in part because behavioral become an important component of total of these activities on the reproductive effects, which often result from auditory sound at frequencies above 500 Hz, and success or survivorship of individuals cues, may be better expressed through possibly down to 100 Hz during quiet and how those impacts on individuals averaged units than by peak pressures. times. Marine mammals can contribute are likely to impact marine mammal Sound exposure level (SEL; significantly to ambient sound levels, as species or stocks. represented as dB re 1 mPa2-s) represents can some fish and snapping shrimp. The the total energy in a stated frequency frequency band for biological Background on Active Acoustic Sound band over a stated time interval or event contributions is from approximately 12 Sources and Acoustic Terminology and considers both intensity and Hz to over 100 kHz. Sources of ambient This subsection contains a brief duration of exposure. The per-pulse SEL sound related to human activity include technical background on sound, on the is calculated over the time window transportation (surface vessels), characteristics of certain sound types, containing the entire pulse (i.e., 100 dredging and construction, oil and gas and on metrics used in this proposal percent of the acoustic energy). SEL is drilling and production, geophysical inasmuch as the information is relevant a cumulative metric; it can be surveys, sonar, and explosions. Vessel to the specified activity and to the accumulated over a single pulse, or noise typically dominates the total summary of the potential effects of the calculated over periods containing ambient sound for frequencies between specified activity on marine mammals. multiple pulses. Cumulative SEL 20 and 300 Hz. In general, the For general information on sound and represents the total energy accumulated frequencies of anthropogenic sounds are its interaction with the marine by a receiver over a defined time below 1 kHz and, if higher frequency environment, please see, e.g., Au and window or during an event. Peak sound sound levels are created, they attenuate Hastings (2008); Richardson et al. pressure (also referred to as zero-to-peak rapidly. (1995); Urick (1983). sound pressure or 0–pk) is the The sum of the various natural and Sound travels in waves, the basic maximum instantaneous sound pressure anthropogenic sound sources that components of which are frequency, measurable in the water at a specified comprise ambient sound at any given wavelength, velocity, and amplitude. distance from the source and is location and time depends not only on Frequency is the number of pressure represented in the same units as the rms the source levels (as determined by waves that pass by a reference point per sound pressure. current weather conditions and levels of unit of time and is measured in hertz or When underwater objects vibrate or biological and human activity) but also cycles per second. Wavelength is the activity occurs, sound-pressure waves on the ability of sound to propagate distance between two peaks or are created. These waves alternately through the environment. In turn, sound corresponding points of a sound wave compress and decompress the water as propagation is dependent on the (length of one cycle). Higher frequency the sound wave travels. Underwater spatially and temporally varying sounds have shorter wavelengths than sound waves radiate in a manner similar properties of the water column and sea lower frequency sounds, and typically to ripples on the surface of a pond and floor, and is frequency-dependent. As a attenuate (decrease) more rapidly, may be either directed in a beam or result of the dependence on a large except in certain cases in shallower beams or may radiate in all directions number of varying factors, ambient water. Amplitude is the height of the (omnidirectional sources), as is the case sound levels can be expected to vary sound pressure wave or the ‘‘loudness’’ for sound produced by the pile driving widely over both coarse and fine spatial of a sound and is typically described activity considered here. The and temporal scales. Sound levels at a using the relative unit of the decibel. A compressions and decompressions given frequency and location can vary sound pressure level (SPL) in dB is associated with sound waves are by 10–20 dB from day to day described as the ratio between a detected as changes in pressure by (Richardson et al., 1995). The result is measured pressure and a reference aquatic life and man-made sound that, depending on the source type and pressure (for underwater sound, this is receptors such as hydrophones. its intensity, sound from the specified 1 microPascal (mPa)), and is a Even in the absence of sound from the activity may be a negligible addition to logarithmic unit that accounts for large specified activity, the underwater the local environment or could form a variations in amplitude. Therefore, a environment is typically loud due to distinctive signal that may affect marine relatively small change in dB ambient sound, which is defined as mammals. Details of source types are corresponds to large changes in sound environmental background sound levels described in the following text. pressure. The source level (SL) lacking a single source or point Sounds are often considered to fall represents the SPL referenced at a (Richardson et al., 1995). The sound into one of two general types: Pulsed distance of 1 m from the source level of a region is defined by the total and non-pulsed (defined in the (referenced to 1 mPa), while the received acoustical energy being generated by following). The distinction between level is the SPL at the listener’s position known and unknown sources. These these two sound types is important (referenced to 1 mPa). sources may include physical (e.g., because they have differing potential to Root mean square (rms) is the wind and waves, earthquakes, ice, cause physical effects, particularly with quadratic mean sound pressure over the atmospheric sound), biological (e.g., regard to hearing (e.g., Ward, 1997 in duration of an impulse. Root mean sounds produced by marine mammals, Southall et al., 2007). Please see square is calculated by squaring all of fish, and invertebrates), and Southall et al. (2007) for an in-depth

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discussion of these concepts. The intrinsically related to the signal an would be exposed more than distinction between these two sound characteristics, received level, distance briefly during the passage of the vessel. types is not always obvious, as certain from the source, and duration of the Behavioral disturbance may include a signals share properties of both pulsed sound exposure. Marine mammals variety of effects, including subtle and non-pulsed sounds. A signal near a exposed to high-intensity sound, or to changes in behavior (e.g., minor or brief source could be categorized as a pulse, lower-intensity sound for prolonged avoidance of an area or changes in but due to propagation effects as it periods, can experience hearing vocalizations), more conspicuous moves farther from the source, the threshold shift (TS), which is the loss of changes in similar behavioral activities, signal duration becomes longer (e.g., hearing sensitivity at certain frequency and more sustained and/or potentially Greene and Richardson, 1988). ranges (Finneran, 2015). TS can be severe reactions, such as displacement Pulsed sound sources (e.g., airguns, permanent (PTS), in which case the loss from or abandonment of high-quality explosions, gunshots, sonic booms, of hearing sensitivity is not fully habitat. Behavioral responses to sound impact pile driving) produce signals recoverable, or temporary (TTS), in are highly variable and context-specific that are brief (typically considered to be and any reactions depend on numerous which case the animal’s hearing less than one second), broadband, atonal intrinsic and extrinsic factors (e.g., threshold would recover over time transients (ANSI, 1986, 2005; Harris, species, state of maturity, experience, (Southall et al., 2007). 1998; NIOSH, 1998; ISO, 2003) and current activity, reproductive state, occur either as isolated events or Animals in the vicinity of Vineyard auditory sensitivity, time of day), as repeated in some succession. Pulsed Wind 1’s proposed HRG survey activity well as the interplay between factors. sounds are all characterized by a are unlikely to incur even TTS due to Available studies show wide variation relatively rapid rise from ambient the characteristics of the sound sources, in response to underwater sound; pressure to a maximal pressure value which include relatively low source therefore, it is difficult to predict followed by a rapid decay period that levels (176 to 205 dB re 1 mPa-m) and specifically how any given sound in a may include a period of diminishing, generally very short pulses and particular instance might affect marine oscillating maximal and minimal potential duration of exposure. These mammals perceiving the signal. pressures, and generally have an characteristics mean that instantaneous In addition, sound can disrupt increased capacity to induce physical exposure is unlikely to cause TTS, as it behavior through masking, or interfering injury as compared with sounds that is unlikely that exposure would occur with, an animal’s ability to detect, lack these features. close enough to the vessel for received recognize, or discriminate between Non-pulsed sounds can be tonal, levels to exceed peak pressure TTS acoustic signals of interest (e.g., those narrowband, or broadband, brief or criteria, and that the cumulative used for intraspecific communication prolonged, and may be either duration of exposure would be and social interactions, prey detection, continuous or intermittent (ANSI, 1995; insufficient to exceed cumulative sound predator avoidance, navigation). NIOSH, 1998). Some of these non- exposure level (SEL) criteria. Even for Masking occurs when the receipt of a pulsed sounds can be transient signals high-frequency cetacean species (e.g., sound is interfered with by another of short duration but without the harbor porpoises), which have the coincident sound at similar frequencies essential properties of pulses (e.g., rapid greatest sensitivity to potential TTS, and at similar or higher intensity, and rise time). Examples of non-pulsed individuals would have to make a very may occur whether the sound is natural sounds include those produced by close approach and also remain very (e.g., snapping shrimp, wind, waves, precipitation) or anthropogenic (e.g., vessels, aircraft, machinery operations close to vessels operating these sources shipping, sonar, seismic exploration) in such as drilling or dredging, vibratory in order to receive multiple exposures at origin. Marine mammal pile driving, and active sonar systems. relatively high levels, as would be The duration of such sounds, as communications would not likely be necessary to cause TTS. Intermittent received at a distance, can be greatly masked appreciably by the acoustic exposures—as would occur due to the extended in a highly reverberant signals given the directionality of the brief, transient signals produced by environment. signals for most HRG survey equipment Sparkers and boomers produce pulsed these sources—require a higher types planned for use (Table 1) and the signals with energy in the frequency cumulative SEL to induce TTS than brief period when an individual ranges specified in Table 1. The would continuous exposures of the mammal is likely to be exposed. amplitude of the acoustic wave emitted same duration (i.e., intermittent Sound may affect marine mammals from sparker sources is equal in all exposure results in lower levels of TTS). through impacts on the abundance, directions (i.e., omnidirectional), while Moreover, most marine mammals would behavior, or distribution of prey species other sources planned for use during the more likely avoid a loud sound source (e.g., , cephalopods, fish, proposed surveys have some degree of rather than swim in such close zooplankton) (i.e., effects to marine directionality to the beam, as specified proximity as to result in TTS. Kremser mammal habitat). Prey species exposed in Table 1. Other sources planned for et al. (2005) noted that the probability to sound might move away from the use during the proposed survey activity of a cetacean swimming through the sound source, experience TTS, (e.g., CHIRP SBPs) should be considered area of exposure when a sub-bottom experience masking of biologically non-pulsed, intermittent sources. profiler emits a pulse is small—because relevant sounds, or show no obvious if the animal was in the area, it would direct effects. The most likely impacts Summary on Specific Potential Effects have to pass the transducer at close (if any) for most prey species in a given of Acoustic Sound Sources range in order to be subjected to sound area would be temporary avoidance of Underwater sound from active levels that could cause TTS and would the area. Surveys using active acoustic acoustic sources can include one or likely exhibit avoidance behavior to the sound sources move through an area more of the following: Temporary or area near the transducer rather than relatively quickly, limiting exposure to permanent hearing impairment, non- swim through at such a close range. multiple pulses. In all cases, sound auditory physical or physiological Further, the restricted beam shape of levels would return to ambient once a effects, behavioral disturbance, stress, many of HRG survey devices planned survey ends and the noise source is shut and masking. The degree of effect is for use (Table 1) makes it unlikely that down and, when exposure to sound

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ends, behavioral and/or physiological marine mammal or marine mammal frequency, predictability, duty cycle), responses are expected to end relatively stock in the wild by causing disruption the environment (e.g., bathymetry), and quickly. Finally, the HRG survey of behavioral patterns, including, but the receiving animals (hearing, equipment will not have significant not limited to, migration, breathing, motivation, experience, demography, impacts to the seafloor and does not nursing, breeding, feeding, or sheltering behavioral context) and can be difficult represent a source of pollution. (Level B harassment). to predict (Southall et al., 2007, Ellison Authorized takes would be by Level B Vessel Strike et al., 2012). Based on what the harassment only, in the form of available science indicates and the Vessel collisions with marine disruption of behavioral patterns for practical need to use a threshold based mammals, or ship strikes, can result in individual marine mammals resulting on a factor that is both predictable and death or serious injury of the animal. from exposure to HRG sources. Based measurable for most activities, NMFS These interactions are typically primarily on the characteristics of the uses a generalized acoustic threshold associated with large whales, which are signals produced by the acoustic based on received level to estimate the less maneuverable than are smaller sources planned for use, Level A onset of behavioral harassment. NMFS cetaceans or pinnipeds in relation to harassment is neither anticipated (even predicts that marine mammals are likely large vessels. Ship strikes generally absent mitigation) nor proposed to be to be behaviorally harassed in a manner involve commercial shipping vessels, authorized. Consideration of the we consider Level B harassment when which are generally larger and of which anticipated effectiveness of the exposed to underwater anthropogenic there is much more traffic in the ocean mitigation measures (i.e., exclusion noise above received levels of 160 dB re than geophysical survey vessels. Jensen zones (EZs) and shutdown measures) 1 mPa (rms) for the impulsive sources and Silber (2004) summarized ship discussed in detail below in the (i.e., boomers, sparkers) and non- strikes of large whales worldwide from Proposed Mitigation section, further impulsive, intermittent sources (e.g., 1975–2003 and found that most strengthens the conclusion that Level A chirp SBPs) evaluated here for Vineyard collisions occurred in the open ocean harassment is not a reasonably Wind 1’s proposed activity. and involved large vessels (e.g., anticipated outcome of the survey Level A harassment—NMFS’s commercial shipping). For vessels used activity. As described previously, no Technical Guidance for Assessing the in geophysical survey activities, vessel serious injury or mortality is anticipated Effects of Anthropogenic Sound on speed while towing gear is typically or proposed to be authorized for this Marine Mammal Hearing (Version 2.0) only 4–5 knots. At these speeds, both activity. Below we describe how the (Technical Guidance, 2018) identifies the possibility of striking a marine take is estimated. dual criteria to assess auditory injury mammal and the possibility of a strike Generally speaking, we estimate take (Level A harassment) to five different resulting in serious injury or mortality by considering: (1) Acoustic thresholds marine mammal groups (based on are so low as to be discountable. At above which NMFS believes the best hearing sensitivity) as a result of average transit speed for geophysical available science indicates marine exposure to noise from two different survey vessels, the probability of serious mammals will be behaviorally harassed types of sources (impulsive or non- injury or mortality resulting from a or incur some degree of permanent impulsive). For more information, see strike is less than 50 percent. However, hearing impairment; (2) the area or NMFS’s 2018 Technical Guidance, the likelihood of a strike actually volume of water that will be ensonified which may be accessed at happening is again low given the above these levels in a day; (3) the www.fisheries.noaa.gov/national/ smaller size of these vessels and density or occurrence of marine marine-mammal-protection/marine- generally slower speeds. Notably in the mammals within these ensonified areas; mammal-acoustic-technical-guidance. Jensen and Silber study, no strike and, (4) and the number of days of incidents were reported for geophysical activities. We note that while these Vineyard Wind 1’s proposed activity survey vessels during that time period. basic factors can contribute to a basic includes the use of impulsive (i.e., The potential effects of Vineyard calculation to provide an initial sparkers and boomers) and non- Wind 1’s specified survey activity are prediction of takes, additional impulsive (e.g., CHIRP SBP) sources. expected to be limited to Level B information that can qualitatively However, as discussed above, NMFS has behavioral harassment. No permanent or inform take estimates is also sometimes concluded that Level A harassment is temporary auditory effects, or available (e.g., previous monitoring not a reasonably likely outcome for significant impacts to marine mammal results or average group size). Below, we marine mammals exposed to noise habitat, including prey, are expected. describe the factors considered here in through use of the sources proposed for more detail and present the proposed use here, and the potential for Level A Estimated Take take estimates. harassment is not evaluated further in This section provides an estimate of this document. Please see Vineyard the number of incidental takes proposed Acoustic Thresholds Wind 1’s application for details of a for authorization through this IHA, NMFS recommends the use of quantitative exposure analysis exercise, which will inform both NMFS’s acoustic thresholds that identify the i.e., calculated Level A harassment consideration of ‘‘small numbers’’ and received level of underwater sound isopleths and estimated Level A the negligible impact determination. above which exposed marine mammals harassment exposures. Maximum Harassment is the only type of take would be reasonably expected to be estimated Level A harassment isopleths expected to result from these activities. behaviorally harassed (equated to Level were less than 5 m for all sources and Except with respect to certain activities B harassment) or to incur PTS of some hearing groups with the exception of an not pertinent here, section 3(18) of the degree (equated to Level A harassment). estimated 53 m zone calculated for high- MMPA defines ‘‘harassment’’ as any act Level B Harassment—Though frequency cetaceans during use of the of pursuit, torment, or annoyance, significantly driven by received level, Applied Acoustics AA251 Boomer, (see which (i) has the potential to injure a the onset of behavioral disturbance from Table 1 for source characteristics). marine mammal or marine mammal anthropogenic noise exposure is also Vineyard Wind 1 did not request stock in the wild (Level A harassment); informed to varying degrees by other authorization of take by Level A or (ii) has the potential to disturb a factors related to the source (e.g., harassment, and no take by Level A

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harassment is proposed for or group dynamics of marine mammals all grid cells partially or fully within the authorization by NMFS. that will inform the take calculations. buffer polygon. The average monthly Density estimates for all species abundance for each species in each Ensonified Area within the project area were derived survey area was calculated as the mean NMFS has developed a user-friendly from habitat-based density modeling value of the grid cells within the buffer methodology for estimating the extent of results reported by Roberts et al. (2016, area in each month and then converted the Level B harassment isopleths 2017, 2018, 2020). The data presented to density (individuals/km2) by dividing associated with relevant HRG survey by Roberts et al. (2016, 2017, 2018, by 100 km2 (Table 1). Annual mean equipment (NMFS, 2020). This 2020) incorporates aerial and shipboard densities were calculated from monthly methodology incorporates frequency line-transect survey data from NMFS densities (Table 4). and directionality to refine estimated and other organizations and The estimated monthly densities of ensonified zones. For acoustic sources incorporates data from 8 physiographic North Atlantic right whales were based that operate with different beamwidths, and 16 dynamic oceanographic and on updated model results from Roberts the maximum beamwidth was used, and biological covariates, and controls for et al. (2020). These updated data for the lowest frequency of the source was the influence of sea state, group size, North Atlantic right whales are used when calculating the frequency- availability bias, and perception bias on provided as densities (individuals/1 dependent absorption coefficient (Table the probability of making a sighting. km2) within 5 km x 5 km grid cells (25 1). These density models were originally km2) on a monthly basis. The same GIS NMFS considers the data provided by developed for all cetacean taxa in the process described above was used to Crocker and Fratantonio (2016) to U.S. Atlantic (Roberts et al., 2016). In select the appropriate grid cells from represent the best available information subsequent years, certain models have each month and the monthly North on source levels associated with HRG been updated based on additional data Atlantic right whale density in each equipment and, therefore, recommends as well as certain methodological survey area was calculated as the mean that source levels provided by Crocker improvements. More information is value of the grid cells as described and Fratantonio (2016) be incorporated available online at https://seamap.env. above. Additional data regarding in the method described above to duke.edu/models/Duke/ average group sizes from survey effort in estimate isopleth distances to EC/. the region was considered to ensure harassment thresholds. In cases when Marine mammal density estimates in adequate take estimates are evaluated. the source level for a specific type of the survey area (animals/km2) were HRG equipment is not provided in obtained using the most recent model Take Calculation and Estimation Crocker and Fratantonio (2016), NMFS results for all taxa (Roberts et al., 2016, Here we describe how the information recommends that either the source 2017, 2018, 2020). We note the provided above is brought together to levels provided by the manufacturer be availability of a more recent model produce a quantitative take estimate. In used, or, in instances where source version for the North Atlantic right order to estimate the number of marine levels provided by the manufacturer are whale. However, this latest update mammals predicted to be exposed to unavailable or unreliable, a proxy from resulted in changed predictions only for sound levels that would result in Crocker and Fratantonio (2016) be used Cape Cod Bay and, therefore, would not harassment, radial distances to instead. Table 1 shows the HRG result in changes to the take estimate predicted isopleths corresponding to equipment types that may be used presented herein. More information is harassment thresholds are calculated, as during the proposed surveys and the available online at: https:// described above. Those distances are source levels associated with those HRG seamap.env.duke.edu/models/Duke/EC/ _ _ _ _ _ then used to calculate the area(s) around equipment types. EC North Atlantic right whale the HRG survey equipment predicted to Results of modeling using the history.html. The updated models be ensonified to sound levels that methodology described above indicated incorporate additional sighting data, exceed harassment thresholds. The area that, of the HRG survey equipment including sightings from NOAA’s estimated to be ensonified to relevant planned for use by Vineyard Wind 1 Atlantic Marine Assessment Program for thresholds in a single day (zone of that has the potential to result in Level Protected Species (AMAPPS) surveys. influence (ZOI)) is then calculated, B harassment of marine mammals, the Roberts et al. (2016, 2017, 2018, 2020) based on areas predicted to be Applied Acoustics AA251 Boomer provide abundance estimates for species ensonified around the HRG survey or species guilds within 10 km x 10 km would produce the largest Level B equipment (i.e., 178 m) and the grid cells (100 km2; except North harassment isopleth (178 m; see Table 7 estimated trackline distance traveled per Atlantic right whale—see discussion of Vineyard Wind 1’s application). The day by the survey vessel (i.e., 80 km). below) on a monthly or annual basis, estimated Level B harassment isopleth Based on the maximum estimated depending on the species. associated with the GeoMarine Geo distance to the Level B harassment Spark 2000 (400 tip) system planned for For the exposure analysis, density data from Roberts et al. (2016, 2017, threshold of 178 m (Applied Acoustics use is 141 m. Although Vineyard Wind AA251 Boomer) and the maximum 1 does not expect to use the AA251 2018, 2020) were mapped using a geographic information system (GIS). estimated daily track line distance of 80 Boomer source on all planned survey km, the ZOI is estimated to be 28.58 km2 days, it proposes to assume, for Vineyard Wind 1 calculated densities within a 50 km buffer polygon around during Vineyard Wind 1’s planned HRG purposes of analysis, that the boomer surveys. As described above, this is a would be used on all survey days. This the wind development area perimeter. The 50 km limit was derived from conservative estimate as it assumes the is a conservative approach, as the actual HRG source that results in the greatest sources used on individual survey days studies demonstrating that received levels, distance from the source, and distance to the Level B harassment may produce smaller harassment isopleth would be operated at all times distances. behavioral context are known to influence marine mammals’ probability during all vessel days. Marine Mammal Occurrence of behavioral response (Dunlop et al. ZOI = (Distance/day × 2r) + pr2 In this section we provide the 2017). The monthly density was Where r is the linear distance from the information about the presence, density, determined by calculating the mean of source to the harassment isopleth.

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Potential daily Level B harassment vessel days plus a 10 percent buffer (i.e., Estimated Take = D × ZOI × vessel days × takes are estimated by multiplying the by 170 vessel days 1.1 percent = 192.5 Where D = average species density average annual marine mammal vessel days). The product is then (animals/km2), ZOI = maximum daily 2 densities (animals/km ), as described rounded, to generate an estimate of the ensonified area to relevant threshold, and above, by the ZOI. Estimated numbers of total number of instances of harassment vessel days = 192.5. each species taken over the duration of expected for each species over the the authorization are calculated by duration of the survey. A summary of Take by Level B harassment proposed multiplying the potential daily Level B this method is illustrated in the for authorization is shown in Table 4. harassment takes by the total number of following formula:

TABLE 4—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS PROPOSED FOR AUTHORIZATION AND PROPOSED TAKES AS A PERCENTAGE OF POPULATION

Estimated Proposed Annual mean takes by takes by Percent of Species of interest density Level B Level B Abundance stock (km2) harassment harassment a

Fin whale ...... 0.00149 8.22 8 6,802 0.13 Humpback whale ...... 0.00084 4.63 5 1,393 0.36 Minke whale ...... 0.00062 3.42 3 21,968 0.02 North Atlantic right whale ...... 0.00164 9.05 9 368 2.72 Sei whale ...... 0.00005 0.28 2 6,292 0.03 Sperm whale ...... 0.00006 0.33 2 4,349 0.05 Atlantic white sided dolphin ...... 0.02226 122.78 123 92,233 0.13 Bottlenose dolphin ...... 0.0403 222.29 222 62,851 0.35 Long-finned pilot whale ...... 0.00459 25.32 25 39,215 0.07 Risso’s dolphin ...... 0.00012 0.66 8 35,493 0.02 Common dolphin ...... 0.0544 300.06 3,484 172,974 2.01 Harbor porpoise ...... 0.02858 157.64 158 95,543 0.17 Gray seal b ...... 0.09784 539.67 540 27,131 1.99 Harbor seal b ...... 539.67 540 75,834 0.71 a Increases from calculated values for sei whale, sperm whale, and Risso’s dolphin are based on observed group sizes during Vineyard Wind LLC’s 2018–2020 surveys (Vineyard Wind 2018, 2020a, 2020b). b Roberts et al. (2018) only provides density estimates for seals without differentiating by species. Harbor seals and gray seals are assumed to occur equally; therefore, density values were split evenly between the two species, i.e., total estimated take for ‘‘seals’’ is 1,080.

The take numbers shown in Table 4 Proposed Mitigation expected to reduce impacts to marine are those requested by Vineyard Wind 1, In order to issue an IHA under section mammals, marine mammal species or with the exception of certain minor 101(a)(5)(D) of the MMPA, NMFS must stocks, and their habitat. This considers rounding differences. Further, Vineyard set forth the permissible methods of the nature of the potential adverse Wind 1 requested take of the pilot whale taking pursuant to the activity, and impact being mitigated (likelihood, guild, rather than just long-finned pilot other means of effecting the least scope, range). It further considers the whale, but as described previously, pilot practicable impact on the species or likelihood that the measure will be whales in the project area are expected stock and its habitat, paying particular effective if implemented (probability of to be long-finned pilot whales. attention to rookeries, mating grounds, accomplishing the mitigating result if Additionally, NMFS increased proposed and areas of similar significance, and on implemented as planned), the Level B harassment take of common the availability of the species or stock likelihood of effective implementation dolphin to 3,484 takes. This take for taking for certain subsistence uses (probability implemented as planned); and estimate reflects the daily rate of (latter not applicable for this action). (2) The practicability of the measures approximately 18.1 common dolphin NMFS regulations require applicants for for applicant implementation, which observations within the Level B incidental take authorizations to include may consider such things as cost and harassment zone per vessel day (3,332 information about the availability and feasibility (economic and technological) impact on operations. dolphin observations over 184 days) of equipment, methods, and manner of during surveys under Vineyard Wind’s Mitigation for Marine Mammals and conducting the activity or other means Their Habitat previous IHA (85 FR 42357; July 14, of effecting the least practicable adverse 2020), and an estimated 192.5 vessel impact upon the affected species or NMFS proposes the following days, as described above (18.1 takes per stocks and their habitat (50 CFR mitigation measures be implemented × day 192.5 vessel days = 3,484 takes). 216.104(a)(11)). during Vineyard Wind 1’s proposed Given the overlap in project areas, In evaluating how mitigation may or marine site characterization surveys. NMFS expects that this estimate is more may not be appropriate to ensure the Marine Mammal Exclusion Zones and appropriate than the density-based least practicable adverse impact on Harassment Zones common dolphin take estimate species or stocks and their habitat, as calculated by Vineyard Wind 1. For all well as subsistence uses where Marine mammal EZs would be other species, NMFS concurs with the applicable, we carefully consider two established around the HRG survey take numbers requested by Vineyard primary factors: equipment and monitored by protected Wind 1 and proposes to authorize them. (1) The manner in which, and the species observers (PSO): degree to which, the successful • 500 m (1,640 ft) EZ for North implementation of the measure(s) is Atlantic right whales during use of

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impulsive acoustic sources (e.g., the animal has been observed exiting its delphinid genera for which shutdown is boomers and/or sparkers) and certain respective EZ or until an additional time waived), PSOs must use best non-impulsive acoustic sources period has elapsed with no further professional judgement in making the (nonparametric sub-bottom profilers); sighting (i.e, 15 minutes for small decision to call for a shutdown. and odontocetes and seals, 60 minutes for Additionally, shutdown is required if a • 100 m (328 ft) EZ for all other North Atlantic right whale, and 30 delphinid detected in the EZ belongs to marine mammals, with certain minutes for all other species). a genus other than those specified. exceptions specified below, during use Activation of survey equipment Shutdown, pre-start clearance, and of impulsive acoustic sources (e.g., through ramp-up procedures may not ramp-up procedures are not required boomers and/or sparkers). occur when visual observation of the during HRG survey operations using If a marine mammal is detected pre-clearance/exclusion zone is not only non-impulsive sources (e.g., USBL approaching or entering the EZs during expected to be effective using the and parametric sub-bottom profilers) the HRG survey, the vessel operator appropriate visual technology (i.e., other than non-parametric sub-bottom would adhere to the shutdown during inclement conditions such as profilers (e.g., CHIRPs). Pre-clearance procedures described below to heavy rain or fog). and ramp-up, but not shutdown, are minimize noise impacts on the animals. required when using non-impulsive, Shutdown Procedures These stated requirements will be non-parametric sub-bottom profilers. included in the training to be provided An immediate shutdown of the HRG Vessel Strike Avoidance to the survey team. survey equipment would be required if a marine mammal is sighted entering or Vineyard Wind 1 will ensure that Pre-Clearance of the Exclusion Zones within its respective EZ. The vessel vessel operators and crew maintain a Vineyard Wind 1 would implement a operator must comply immediately with vigilant watch for cetaceans and 60-minute pre-clearance period of the any call for shutdown by the PSO. Any pinnipeds and slow down or stop their EZs prior to the initiation of ramp-up of disagreement between the PSO and vessels to avoid striking these species. HRG equipment. This pre-clearance vessel operator should be discussed Survey vessel crew members duration was proposed by Vineyard only after shutdown has occurred. responsible for navigation duties will Wind 1. During this period, the EZ will Subsequent restart of the survey receive site-specific training on marine be monitored by the PSO(s), using the equipment can be initiated if the animal mammals sighting/reporting and vessel appropriate visual technology. Ramp-up has been observed exiting its respective strike avoidance measures. Vessel strike may not be initiated if any marine EZ or until an additional time period avoidance measures include the mammal(s) is within its respective EZ. has elapsed (i.e, 15 minutes for following, except under circumstances If a marine mammal is observed within delphinid cetaceans and seals, 60 when complying with these an EZ during the pre-clearance period, minutes for North Atlantic Right Whale, requirements would put the safety of the ramp-up may not begin until the and 30 minutes for all other species). vessel or crew at risk: animal(s) has been observed exiting its If a species for which authorization • Vessel operators and crews must respective EZ or until an additional time has not been granted, or, a species for maintain a vigilant watch for all period has elapsed with no further which authorization has been granted protected species and slow down, stop sighting (i.e., 15 minutes for small but the authorized number of takes have their vessel, or alter course, as odontocetes and seals, 60 minutes for been met, approaches or is observed appropriate and regardless of vessel North Atlantic right whale, and 30 within the Level B harassment zone size, to avoid striking any protected minutes for all other species). Here and (178 m impulsive), shutdown would species. A visual observer aboard the below, the 60-minute North Atlantic occur. vessel must monitor a vessel strike right whale clearance period was If the acoustic source is shut down for avoidance zone based on the proposed by Vineyard Wind 1. reasons other than mitigation (e.g., appropriate separation distance around mechanical difficulty) for less than 30 the vessel (distances stated below). Ramp-Up of Survey Equipment minutes, it may be activated again Visual observers monitoring the vessel When technically feasible, a ramp-up without ramp-up if PSOs have strike avoidance zone may be third- procedure would be used for HRG maintained constant observation and no party observers (i.e., PSOs) or crew survey equipment capable of adjusting detections of any marine mammal have members, but crew members energy levels at the start or restart of occurred within the respective EZs. If responsible for these duties must be survey activities. The ramp-up the acoustic source is shut down for a provided sufficient training to (1) procedure would be used at the period longer than 30 minutes and PSOs distinguish protected species from other beginning of HRG survey activities in have maintained constant observation, phenomena and (2) broadly to identify order to provide additional protection to then pre-clearance and ramp-up a marine mammal as a right whale, marine mammals near the survey area procedures will be initiated as described other whale (defined in this context as by allowing them to vacate the area in the previous section. sperm whales or baleen whales other prior to the commencement of survey The shutdown requirement would be than right whales), or other marine equipment operation at full power. waived for small delphinids of the mammal; A ramp-up would begin with the following genera: Delphinus, • All survey vessels, regardless of powering up of the smallest acoustic Lagenorhynchus (acutus only), and size, must observe a 10-knot speed HRG equipment at its lowest practical Tursiops. Specifically, if a delphinid restriction in specific areas designated power output appropriate for the from the specified genera is visually by NMFS for the protection of North survey. When technically feasible, the detected approaching the vessel (i.e., to Atlantic right whales from vessel strikes power would then be gradually turned bow ride) or towed equipment, including seasonal management areas up and other acoustic sources would be shutdown is not required. Furthermore, (SMAs) and dynamic management areas added. if there is uncertainty regarding (DMAs) when in effect; Ramp-up activities will be delayed if identification of a marine mammal • All vessels greater than or equal to a marine mammal(s) enters its species (i.e., whether the observed 19.8 m in overall length operating from respective EZ. Ramp-up will continue if marine mammal(s) belongs to one of the November 1 through April 30 will

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operate at speeds of 10 knots or less, mitigation measure. If PAM is not used should contribute to improved except while transiting in Nantucket or is deemed non-functional at any time understanding of one or more of the Sound; during the survey, the survey will be following: • All vessels must reduce their speed shut down until PAM is restored. NMFS • Occurrence of marine mammal to 10 knots or less when mother/calf does not concur that PAM is an effective species or stocks in the area in which pairs, pods, or large assemblages of technique for detecting mysticetes in take is anticipated (e.g., presence, cetaceans are observed near a vessel; order to implement mitigation measures abundance, distribution, density). • All vessels must maintain a during HRG surveys, given masking that • Nature, scope, or context of likely minimum separation distance of 500 m would occur from vessel noise and flow marine mammal exposure to potential from right whales. If a whale is observed noise. Therefore, NMFS has not stressors/impacts (individual or but cannot be confirmed as a species included it as a requirement in this cumulative, acute or chronic), through other than a right whale, the vessel proposed IHA. better understanding of: (1) Action or operator must assume that it is a right environment (e.g., source whale and take appropriate action; Seasonal Restrictions characterization, propagation, ambient • All vessels must maintain a Vineyard Wind 1 will not operate noise); (2) affected species (e.g., life minimum separation distance of 100 m more than three concurrent HRG survey history, dive patterns); (3) co-occurrence from sperm whales and all other baleen vessels, with HRG survey equipment of marine mammal species with the whales; operating below 200 kHz, from January action; or (4) biological or behavioral • All vessels must, to the maximum through April within the lease area or context of exposure (e.g., age, calving or extent practicable, attempt to maintain a export cable corridor, not including feeding areas). minimum separation distance of 50 m coastal and bay waters. Additionally, • Individual marine mammal from all other marine mammals, with an the monitoring team will consult responses (behavioral or physiological) understanding that at times this may not NMFS’s North Atlantic right whale to acoustic stressors (acute, chronic, or be possible (e.g., for animals that reporting systems for any observed right cumulative), other stressors, or approach the vessel); whales throughout survey operations cumulative impacts from multiple • When marine mammals are sighted within or adjacent to SMAs and/or stressors. while a vessel is underway, the vessel DMAs, and will comply with 10 knot • How anticipated responses to shall take action as necessary to avoid speed restrictions in any DMA, as noted stressors impact either: (1) Long-term violating the relevant separation above. fitness and survival of individual distance (e.g., attempt to remain parallel marine mammals; or (2) populations, to the animal’s course, avoid excessive Crew Training species, or stocks. speed or abrupt changes in direction Prior to initiation of survey work, all • Effects on marine mammal habitat until the animal has left the area). If crew members will undergo (e.g., marine mammal prey species, marine mammals are sighted within the environmental training, a component of acoustic habitat, or other important relevant separation distance, the vessel which will focus on the procedures for physical components of marine must reduce speed and shift the engine sighting and protection of marine mammal habitat). to neutral, not engaging the engines mammals. • Mitigation and monitoring until animals are clear of the area. This Based on our evaluation of the effectiveness. applicant’s proposed measures, NMFS does not apply to any vessel towing gear Proposed Monitoring Measures or any vessel that is navigationally has preliminarily determined that the constrained; proposed mitigation measures provide As described above, visual monitoring • These requirements do not apply in the means effecting the least practicable would be performed by qualified and any case where compliance would impact on the affected species or stocks NMFS-approved PSOs, the resumes of create an imminent and serious threat to and their habitat, paying particular whom will be provided to NMFS for a person or vessel or to the extent that attention to rookeries, mating grounds, review and approval prior to the start of a vessel is restricted in its ability to and areas of similar significance. survey activities. Vineyard Wind 1 maneuver and, because of the would employ independent, dedicated, Proposed Monitoring and Reporting restriction, cannot comply; and trained PSOs, meaning that the PSOs • Members of the monitoring team In order to issue an IHA for an must (1) be employed by a third-party will consult NMFS North Atlantic right activity, section 101(a)(5)(D) of the observer provider, (2) have no tasks whale reporting system and Whale MMPA states that NMFS must set forth other than to conduct observational Alert, as able, for the presence of North requirements pertaining to the effort, collect data, and communicate Atlantic right whales throughout survey monitoring and reporting of such taking. with and instruct relevant vessel crew operations, and for the establishment of The MMPA implementing regulations at with regard to the presence of marine a DMA. If NMFS should establish a 50 CFR 216.104(a)(13) indicate that mammals and mitigation requirements DMA in the survey area during the requests for authorizations must include (including brief alerts regarding survey, the vessels will abide by speed the suggested means of accomplishing maritime hazards), and (3) have restrictions in the DMA. the necessary monitoring and reporting successfully completed an approved that will result in increased knowledge PSO training course appropriate for Passive Acoustic Monitoring of the species and of the level of taking their designated task. Vineyard Wind 1 has proposed to or impacts on populations of marine The PSOs will be responsible for employ trained passive acoustic mammals that are expected to be monitoring the waters surrounding each monitoring (PAM) operators to monitor present in the proposed action area. survey vessel to the farthest extent for acoustic detections of marine Effective reporting is critical both to permitted by sighting conditions, mammals during nighttime HRG survey compliance as well as ensuring that the including exclusion zones, during all activities. PAM operators will most value is obtained from the required HRG survey operations. PSOs will communicate nighttime detections to monitoring. visually monitor and identify marine the lead PSO on duty who will ensure Monitoring and reporting mammals, including those approaching the implementation of the appropriate requirements prescribed by NMFS or entering the established exclusion

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zones during survey activities. It will be aboard any vessel associated with the vessel traffic, equipment malfunctions); the responsibility of the Lead PSO on survey would be relayed to the PSO and duty to communicate the presence of team. Data on all PSO observations • Survey activity information, such as marine mammals as well as to would be recorded based on standard type of survey equipment in operation, communicate the action(s) that are PSO collection requirements. This acoustic source power output while in necessary to ensure mitigation and would include dates, times, and operation, and any other notes of monitoring requirements are locations of survey operations; dates significance (i.e., pre-clearance survey, implemented as appropriate. and times of observations, location and ramp-up, shutdown, end of operations, During all HRG survey operations weather; details of marine mammal etc.). (e.g., any day on which use of an HRG sightings (e.g., species, numbers, If a marine mammal is sighted, the source is planned to occur), a minimum behavior); and details of any observed following information should be of one PSO must be on duty and recorded: marine mammal take that occurs (e.g., • conducting visual observations at all noted behavioral disturbances). Watch status (sighting made by PSO times on all active survey vessels when on/off effort, opportunistic, crew, HRG equipment operating at or below Proposed Reporting Measures alternate vessel/platform); 200 kHz is operating, including both • PSO who sighted the animal; Within 90 days after completion of • daytime and nighttime operations. survey activities, a final technical report Time of sighting; • Vessel location at time of sighting; Visual monitoring would begin no less will be provided to NMFS that fully • than 60 minutes prior to initiation of Water depth; documents the methods and monitoring • Direction of vessel’s travel (compass HRG survey equipment and would protocols, summarizes the data recorded direction); continue until 30 minutes after use of during monitoring, summarizes the • Direction of animal’s travel relative the acoustic source ceases. Vineyard number of marine mammals estimated to the vessel; Wind 1 states that a requirement to to have been taken during survey • Pace of the animal; employ at least 2 PSOs during all activities (by species, when known), • Estimated distance to the animal nighttime survey operations is summarizes the mitigation actions taken and its heading relative to vessel at impracticable, given the limited during surveys (including what type of initial sighting; available berths on the survey vessels mitigation and the species and number • Identification of the animal (e.g., and additional personnel required to of animals that prompted the mitigation genus/species, lowest possible conduct PAM. action, when known), and provides an taxonomic level, or unidentified); also Observations would take place from interpretation of the results and note the composition of the group if the highest available vantage point on effectiveness of all mitigation and there is a mix of species; the survey vessel. In cases where more monitoring measures. Any • Estimated number of animals (high/ than one PSO is on duty at a time PSOs recommendations made by NMFS must low/best); ° would coordinate to ensure 360 visual be addressed in the final report prior to • Estimated number of animals by coverage around the vessel from the acceptance by NMFS. PSO datasheets or cohort (adults, yearlings, juveniles, most appropriate observation posts. raw sightings data must also be calves, group composition, etc.); • PSOs may be on watch for a maximum provided with the draft and final Description (as many distinguishing of four consecutive hours followed by a monitoring report. All draft and final features as possible of each individual break of at least two hours between monitoring reports must be submitted to seen, including length, shape, color, watches and may conduct a maximum [email protected] pattern, scars or markings, shape and of 12 hours of observation per 24-hour and [email protected]. size of dorsal fin, shape of head, and period. In cases where multiple vessels The report must contain at minimum, blow characteristics); • are surveying concurrently, any the following: Detailed behavior observations (e.g., observations of marine mammals would • PSO names and affiliations; number of blows, number of surfaces, be communicated to PSOs on all survey • Dates of departures and returns to breaching, spyhopping, diving, feeding, vessels. port with port name; traveling; as explicit and detailed as PSOs must be equipped with • Dates and times (Greenwich Mean possible; note any observed changes in binoculars and have the ability to Time) of survey effort and times behavior); estimate distance and bearing to detect corresponding with PSO effort; • Animal’s closest point of approach marine mammals, particularly in • Vessel location (latitude/longitude) and/or closest distance from the center proximity to exclusion zones. when survey effort begins and ends; point of the acoustic source; and Reticulated binoculars will also be vessel location at beginning and end of • Description of any actions available to PSOs for use as appropriate visual PSO duty shifts; implemented in response to the sighting based on conditions and visibility to • Vessel heading and speed at (e.g., delays, shutdown, ramp-up, speed support the monitoring of marine beginning and end of visual PSO duty or course alteration, etc.) and time and mammals. PSOs must use night-vision shifts and upon any line change; location of the action. technology during nighttime surveys • Environmental conditions while on If a North Atlantic right whale is when the sources are active. Position visual survey (at beginning and end of observed at any time by PSOs or data would be recorded using hand-held PSO shift and whenever conditions personnel on any project vessels, during or vessel GPS units for each sighting. change significantly), including wind surveys or during vessel transit, During good conditions (e.g., daylight speed and direction, Beaufort sea state, Vineyard Wind 1 must immediately hours; Beaufort sea state (BSS) 3 or less), Beaufort wind force, swell height, report sighting information to the NMFS to the maximum extent practicable, weather conditions, cloud cover, sun North Atlantic Right Whale Sighting PSOs would conduct observations when glare, and overall visibility to the Advisory System: (866) 755–6622. North the acoustic source is not operating for horizon; Atlantic right whale sightings in any comparison of sighting rates and • Factors that may be contributing to location may also be reported to the U.S. behavior with and without use of the impaired observations during each PSO Coast Guard via channel 16. acoustic source. Any observations of shift change or as needed as In the event that personnel involved marine mammals by crew members environmental conditions change (e.g., in the survey activities covered by the

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authorization discover an injured or Negligible Impact Analysis and low severity and with no lasting dead marine mammal, Vineyard Wind 1 Determination biological consequences (e.g., Southall must report the incident to the NMFS NMFS has defined negligible impact et al., 2007). Even repeated Level B Office of Protected Resources (OPR) and as an impact resulting from the harassment of some small subset of an the NMFS New England/Mid-Atlantic specified activity that cannot be overall stock is unlikely to result in any Stranding Coordinator as soon as reasonably expected to, and is not significant realized decrease in viability feasible. The report must include the reasonably likely to, adversely affect the for the affected individuals, and thus following information: species or stock through effects on would not result in any adverse impact • Time, date, and location (latitude/ annual rates of recruitment or survival to the stock as a whole. As described longitude) of the first discovery (and (50 CFR 216.103). A negligible impact above, Level A harassment is not updated location information if known finding is based on the lack of likely expected to occur given the nature of and applicable); adverse effects on annual rates of the operations, the estimated size of the • Species identification (if known) or recruitment or survival (i.e., population- Level A harassment zones, and the description of the animal(s) involved; level effects). An estimate of the number required shutdown zones for certain • Condition of the animal(s) of takes alone is not enough information activities. In addition to being temporary, the (including carcass condition if the on which to base an impact maximum expected harassment zone animal is dead); determination. In addition to around a survey vessel is 178 m. • Observed behaviors of the considering estimates of the number of Although this distance is assumed for animal(s), if alive; marine mammals that might be ‘‘taken’’ all survey activity in estimating take • If available, photographs or video through harassment, NMFS considers footage of the animal(s); and numbers proposed for authorization and other factors, such as the likely nature evaluated here, in reality much of the • General circumstances under which of any responses (e.g., intensity, the animal was discovered. survey activity would involve use of duration), the context of any responses acoustic sources with smaller acoustic In the event of a vessel strike of a (e.g., critical reproductive time or marine mammal by any vessel involved harassment zones, producing expected location, migration), as well as effects effects of particularly low severity. in the activities covered by the on habitat, and the likely effectiveness authorization, Vineyard Wind 1 must Therefore, the ensonified area of the mitigation. We also assess the surrounding each vessel is relatively report the incident to the NMFS OPR number, intensity, and context of and the NMFS New England/Mid- small compared to the overall estimated takes by evaluating this distribution of the animals in the area Atlantic Stranding Coordinator as soon information relative to population and their use of the habitat. Feeding as feasible. The report must include the status. Consistent with the 1989 behavior is not likely to be significantly following information: preamble for NMFS’s implementing impacted as prey species are mobile and • Time, date, and location (latitude/ regulations (54 FR 40338; September 29, are broadly distributed throughout the longitude) of the incident; 1989), the impacts from other past and survey area; therefore, marine mammals • Species identification (if known) or ongoing anthropogenic activities are that may be temporarily displaced description of the animal(s) involved; incorporated into this analysis via their • during survey activities are expected to Vessel’s speed during and leading impacts on the environmental baseline be able to resume foraging once they up to the incident; (e.g., as reflected in the regulatory status • have moved away from areas with Vessel’s course/heading and what of the species, population size and disturbing levels of underwater noise. operations were being conducted (if growth rate where known, ongoing Because of the temporary nature of the applicable); sources of human-caused mortality, or disturbance and the availability of • Status of all sound sources in use; ambient noise levels). • similar habitat and resources in the Description of avoidance measures/ To avoid repetition, our analysis surrounding area, the impacts to marine requirements that were in place at the applies to all the species listed in Table mammals and the food sources that they time of the strike and what additional 2, given that NMFS expects the utilize are not expected to cause measures were taken, if any, to avoid anticipated effects of the proposed significant or long-term consequences strike; survey to be similar in nature. Where for individual marine mammals or their • Environmental conditions (e.g., there are meaningful differences populations. wind speed and direction, Beaufort sea between species or stocks—as is the There are no rookeries, mating or state, cloud cover, visibility) case of the North Atlantic right whale— calving grounds known to be immediately preceding the strike; they are included as separate biologically important to marine • Estimated size and length of animal subsections below. NMFS does not mammals within the proposed survey that was struck; anticipate that serious injury or area. (Biologically important areas for • Description of the behavior of the mortality would occur as a result from feeding and migration are discussed marine mammal immediately preceding HRG surveys, even in the absence of below.) There is no designated critical and following the strike; mitigation, and no serious injury or habitat for any ESA-listed marine • If available, description of the mortality is proposed to be authorized. mammals in the proposed survey area. presence and behavior of any other As discussed in the Potential Effects of marine mammals immediately Specified Activity on Marine Mammals North Atlantic Right Whales preceding the strike; and Their Habitat section, non-auditory The status of the North Atlantic right • Estimated fate of the animal (e.g., physical effects and vessel strike are not whale population is of heightened dead, injured but alive, injured and expected to occur. NMFS expects that concern and, therefore, merits moving, blood or tissue observed in the all potential takes would be in the form additional analysis. As noted water, status unknown, disappeared); of short-term Level B behavioral previously, elevated North Atlantic right and harassment in the form of temporary whale mortalities began in June 2017 • To the extent practicable, avoidance of the area or decreased and there is an active UME. Overall, photographs or video footage of the foraging (if such activity was occurring), preliminary findings support human animal(s). reactions that are considered to be of interactions, specifically vessel strikes

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and entanglements, as the cause of exacerbate or compound upon the New York. The likely population death for the majority of right whales. ongoing UME. The limited North abundance is greater than 20,000 As noted previously, the proposed Atlantic right whale Level B harassment whales, and the Level B harassment project area overlaps a migratory takes proposed for authorization are takes of minke whale proposed for corridor BIA for North Atlantic right expected to be of a short duration, and authorization are not expected to whales (March–April and November– given the number of estimated takes, exacerbate or compound upon the December). In addition to the migratory repeated exposures of the same ongoing UME. BIA, Oleson et al. (2020) identified an individual are not expected. Therefore, Elevated numbers of harbor seal and area south of Martha’s Vineyard and the takes would not be expected to gray seal mortalities were first observed Nantucket, referred to as ‘‘South of the impact individual fitness or annual rates in July 2018 and have occurred across Islands,’’ as a newer, year-round, core of recruitment or survival. Further, Maine, New Hampshire, and North Atlantic right whale foraging given the relatively small size of the Massachusetts. Based on tests habitat. The South of the Islands area ensonified area during surveys, it is conducted so far, the main pathogen overlaps with most of Vineyard Wind unlikely that North Atlantic right whale found in the seals is phocine distemper 1’s project area. prey availability would be adversely virus, although additional testing to As stated previously, the largest Level affected by HRG survey operations. identify other factors that may be B harassment isopleth for Vineyard involved in this UME are underway. Wind 1’s survey is 178 m. Therefore, Biologically Important Area for Fin Whales The Level B harassment takes of harbor even if Vineyard Wind 1 operates seal and gray seal proposed for multiple survey vessels concurrently in The proposed project area overlaps authorization are not expected to this area, the total area ensonified above with a feeding BIA for fin whales exacerbate or compound upon the the Level B harassment threshold would (March-October). The fin whale feeding ongoing UME. For harbor seals, the BIA is large (2,933 km2), and the be minimal in comparison with the population abundance is over 75,000 acoustic footprint of the proposed remaining South of the Islands feeding and annual M/SI (350) is well below survey is sufficiently small such that habitat, and habitat within the migratory PBR (2,006) (Hayes et al., 2020). The corridor BIA available to North Atlantic feeding opportunities for these whales population abundance for gray seals in right whales. Additionally, NMFS is would not be reduced appreciably. Any the United States is over 27,000, with an also requiring Vineyard Wind 1 to limit fin whales temporarily displaced from estimated abundance, including seals in the number of survey vessels operating the proposed survey area would be Canada, of approximately 450,000. In concurrently in the lease area or export expected to have sufficient remaining addition, the abundance of gray seals is cable corridor (not including coastal and feeding habitat available to them, and likely increasing in the U.S. Atlantic as bay waters) to no more than three from would not be prevented from feeding in well as in Canada (Hayes et al., 2020). January through April, when North other areas within the biologically Atlantic right whale densities are the important feeding habitat. In addition, The required mitigation measures are highest. Given the factors discussed any displacement of fin whales from the expected to reduce the number and/or above, and the temporary nature of the BIA or interruption of foraging bouts severity of proposed takes for all species surveys, right whale migration is not would be expected to be temporary in listed in Table 2, including those with expected to be impacted by the nature. Therefore, we do not expect fin active UMEs, to the level of least proposed survey, and feeding is not whales feeding within the feeding BIAs practicable adverse impact. In particular expected to be affected a degree that to be impacted by the proposed survey they would provide animals the would affect North Atlantic right whale to an extent that would affect fitness or opportunity to move away from the foraging success in the South of the reproduction. sound source throughout the survey Islands important feeding area. area before HRG survey equipment No ship strike is expected to occur Other Marine Mammal Species With reaches full energy, thus preventing during Vineyard Wind 1’s proposed Active UMEs them from being exposed to sound activities, and required vessel strike As noted previously, there are several levels that have the potential to cause avoidance measures will decrease risk active UMEs occurring in the vicinity of injury (Level A harassment) or more of ship strike, including during Vineyard Wind 1’s proposed survey severe Level B harassment. No Level A migration and feeding. HRG survey area. Elevated humpback whale harassment is anticipated, even in the operations are required to maintain a mortalities have occurred along the absence of mitigation measures, or 500 m EZ and shutdown if a North Atlantic coast from Maine through proposed for authorization. Atlantic right whale is sighted at or Florida since January 2016. Of the cases NMFS expects that takes would be in within the EZ. Regarding take by Level examined, approximately half had the form of short-term Level B B harassment, the 500 m shutdown zone evidence of human interaction (ship behavioral harassment by way of brief for right whales is conservative, strike or entanglement). Despite the startling reactions and/or temporary considering the Level B harassment UME, the relevant population of vacating of the area, or decreased isopleth for the most impactful acoustic humpback whales (the West Indies foraging (if such activity was source (i.e., boomer) is estimated to be breeding population, or DPS) remains occurring)—reactions that (at the scale 178 m. Therefore, this EZ minimizes the stable at approximately 12,000 and intensity anticipated here) are potential for behavioral harassment of individuals, and the Level B harassment considered to be of low severity, with this species. Additionally, as noted takes of humpback whale proposed for no lasting biological consequences. previously, Level A harassment take is authorization are not expected to Since both the sources and marine not expected for any species, including exacerbate or compound the ongoing mammals are mobile, animals would North Atlantic right whales, given the UME. only be exposed briefly to a small small PTS zones associated with HRG Beginning in January 2017, elevated ensonified area that might result in take. equipment types proposed for use. minke whale strandings have occurred Additionally, required mitigation The Level B harassment takes of along the Atlantic coast from Maine measures would further reduce North Atlantic right whale proposed for through South Carolina, with highest exposure to sound that could result in authorization are not expected to numbers in Massachusetts, Maine, and more severe behavioral harassment.

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In summary and as described above, the MMPA for specified activities other IHA. NMFS will conclude the ESA the following factors primarily support than military readiness activities. The consultation prior to reaching a our preliminary determination that the MMPA does not define small numbers determination regarding the proposed impacts resulting from this activity are and so, in practice, where estimated issuance of the authorization. numbers are available, NMFS compares not expected to adversely affect the Proposed Authorization species or stock through effects on the number of individuals taken to the annual rates of recruitment or survival: most appropriate estimation of As a result of these preliminary • No mortality or serious injury is abundance of the relevant species or determinations, NMFS proposes to issue anticipated or proposed for stock in our determination of whether an IHA to Vineyard Wind 1 for authorization; an authorization is limited to small conducting marine site characterization • No Level A harassment (PTS) is numbers of marine mammals. When the surveys off of Massachusetts and Rhode anticipated, even in the absence of predicted number of individuals to be Island for one year from the date of mitigation measures, or proposed for taken is fewer than one third of the issuance, provided the previously authorization; species or stock abundance, the take is mentioned mitigation, monitoring, and • Foraging success is not likely to be considered to be of small numbers. reporting requirements are incorporated. significantly impacted as effects on Additionally, other qualitative factors A draft of the proposed IHA can be species that serve as prey species for may be considered in the analysis, such found at https:// marine mammals from the survey are as the temporal or spatial scale of the www.fisheries.noaa.gov/national/ expected to be minimal; activities. marine-mammal-protection/incidental- • The availability of alternate areas of Take of all species or stocks is below take-authorizations-other-energy- similar habitat value for marine one third of the estimated stock activities-renewable. mammals to temporarily vacate the abundance (in fact, take of individuals Request for Public Comments survey area during the planned survey is less than 3 percent of the abundance to avoid exposure to sounds from the for all affected stocks) as shown in Table We request comment on our analyses, activity; 4. Based on the analysis contained the proposed authorization, and any • Take is anticipated to be primarily herein of the proposed activity other aspect of this notice of proposed Level B behavioral harassment (including the proposed mitigation and IHA for the proposed marine site consisting of brief startling reactions monitoring measures) and the characterization surveys. We also and/or temporary avoidance of the anticipated take of marine mammals, request at this time comment on the survey area; NMFS preliminarily finds that small potential Renewal of this proposed IHA • While the survey area overlaps numbers of marine mammals will be as described in the paragraph below. areas noted as a migratory BIA for North taken relative to the population size of Please include with your comments any Atlantic right whales, the activities the affected species or stocks. supporting data or literature citations to would occur in such a comparatively help inform decisions on the request for small area such that any avoidance of Unmitigable Adverse Impact Analysis this IHA or a subsequent Renewal IHA. the survey area due to activities would and Determination On a case-by-case basis, NMFS may not affect migration. In addition, There are no relevant subsistence uses issue a one-time, one-year Renewal IHA mitigation measures to shutdown at 500 of the affected marine mammal stocks or following notice to the public providing m to minimize potential for Level B species implicated by this action. an additional 15 days for public behavioral harassment would limit any Therefore, NMFS has determined that comments when (1) up to another year take of the species; the total taking of affected species or of identical or nearly identical, or nearly • Similarly, due to the relatively stocks would not have an unmitigable identical, activities as described in the small footprint of the survey activities adverse impact on the availability of Description of Proposed Activities in relation to the size of the fin whale such species or stocks for taking for section of this notice is planned or (2) feeding BIA and South of the Islands subsistence purposes. the activities as described in the Description of Proposed Activities North Atlantic right whale feeding area, Endangered Species Act the survey activities would not affect section of this notice would not be foraging success of these species; and Section 7(a)(2) of the Endangered completed by the time the IHA expires • The proposed mitigation measures, Species Act of 1973 (ESA: 16 U.S.C. and a Renewal would allow for including visual monitoring and 1531 et seq.) requires that each Federal completion of the activities beyond that shutdowns, are expected to minimize agency insure that any action it described in the Dates and Duration potential impacts to marine mammals. authorizes, funds, or carries out is not section of this notice, provided all of the Based on the analysis contained likely to jeopardize the continued following conditions are met: herein of the likely effects of the existence of any endangered or • A request for renewal is received no specified activity on marine mammals threatened species or result in the later than 60 days prior to the needed and their habitat, and taking into destruction or adverse modification of Renewal IHA effective date (recognizing consideration the implementation of the designated critical habitat. To ensure that the Renewal IHA expiration date proposed monitoring and mitigation ESA compliance for the issuance of cannot extend beyond one year from measures, NMFS preliminarily finds IHAs, NMFS consults internally expiration of the initial IHA); that the total marine mammal take from whenever we propose to authorize take • The request for renewal must Vineyard Wind 1’s proposed HRG for endangered or threatened species, in include the following: survey activities will have a negligible this case with NMFS Greater Atlantic (1) An explanation that the activities impact on all affected marine mammal Regional Fisheries Office (GARFO). to be conducted under the requested species or stocks. NMFS Office of Protected Resources Renewal IHA are identical to the (OPR) is proposing to authorize take of activities analyzed under the initial Small Numbers fin whale, North Atlantic right whale, IHA, are a subset of the activities, or As noted above, only small numbers sei whale, and sperm whale, which are include changes so minor (e.g., of incidental take may be authorized listed under the ESA. OPR will consult reduction in pile size) that the changes under sections 101(a)(5)(A) and (D) of with GARFO for the issuance of this do not affect the previous analyses,

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mitigation and monitoring Type of Request: Regular submission Department of Commerce collections requirements, or take estimates (with (extension of a current information currently under review by OMB. the exception of reducing the type or collection). Written comments and amount of take); and Number of Respondents: 1204. recommendations for the proposed (2) A preliminary monitoring report Average Hours Per Response: information collection should be showing the results of the required Registration of Anglers—3 minutes; submitted within 30 days of the monitoring to date and an explanation Registration of For-Hire Vessels—3 publication of this notice on the showing that the monitoring results do minutes. following website www.reginfo.gov/ not indicate impacts of a scale or nature Total Annual Burden Hours: 61. public/do/PRAMain. Find this not previously analyzed or authorized. Needs and Uses: This request is for particular information collection by Upon review of the request for extension of a currently approved selecting ‘‘Currently under 30-day Renewal, the status of the affected collection. Review—Open for Public Comments’’ or species or stocks, and any other The National Saltwater Angler by using the search function and pertinent information, NMFS Registry Program (Registry Program) was entering either the title of the collection determines that there are no more than established to implement or the OMB Control Number 0648–0578. recommendations included in the minor changes in the activities, the Sheleen Dumas, mitigation and monitoring measures review of national saltwater angling data collection programs conducted by the Department PRA Clearance Officer, Office of will remain the same and appropriate, the Chief Information Officer, Commerce and the findings in the initial IHA National Research Council (NRC) in Department. remain valid. 2005/2006, and the provisions of the Magnuson-Stevens Reauthorization Act, [FR Doc. 2021–11887 Filed 6–4–21; 8:45 am] Dated: June 1, 2021. codified at Section 401(g) of the BILLING CODE 3510–22–P Catherine Marzin, Magnuson-Stevens Fishery Acting Director, Office of Protected Resources, Conservation and Management Act DEPARTMENT OF COMMERCE National Marine Fisheries Service. (MSA), which require the Secretary of [FR Doc. 2021–11823 Filed 6–4–21; 8:45 am] Commerce to commence improvements National Oceanic and Atmospheric BILLING CODE 3510–22–P to recreational fisheries surveys, Administration including establishing a national saltwater angler and for-hire vessel Agency Information Collection DEPARTMENT OF COMMERCE registry, by January 1, 2009. A final rule Activities; Submission to the Office of that includes regulatory measures to Management and Budget (OMB) for National Oceanic and Atmospheric implement the Registry Program (RIN Review and Approval; Comment Administration 0648–AW10) was adopted and codified Request; Data Collections To Support Agency Information Collection in 50 CFR 600, Subpart P. Comprehensive Economic and Socio- Activities; Submission to the Office of The Registry Program collects Economic Evaluations of the Fisheries Management and Budget (OMB) for identification and contact information in Regions of the United States Review and Approval; Comment from those anglers and for-hire vessels Affected by Catastrophic Events who are involved in recreational fishing Request; National Saltwater Angler The Department of Commerce will Registry and State Exemption Program in the United States Exclusive Economic Zone or for anadromous fish in any submit the following information collection request to the Office of The Department of Commerce will waters, unless the anglers or vessels are Management and Budget (OMB) for submit the following information exempted from the registration review and clearance in accordance collection request to the Office of requirement. Data collected includes: with the Paperwork Reduction Act of Management and Budget (OMB) for For anglers: Name, address, date of 1995, on or after the date of publication review and clearance in accordance birth, telephone contact information and of this notice. We invite the general with the Paperwork Reduction Act of region(s) of the country in which they public and other Federal agencies to 1995, on or after the date of publication fish; for for-hire vessels: Owner and comment on proposed, and continuing of this notice. We invite the general operator name, address, date of birth, information collections, which helps us public and other Federal agencies to telephone contact information, vessel assess the impact of our information comment on proposed, and continuing name and registration/documentation collection requirements and minimize information collections, which helps us number and home port or primary the public’s reporting burden. Public assess the impact of our information operating area. This information is comments were previously requested collection requirements and minimize compiled into a national and/or series of via the Federal Register on March 2, the public’s reporting burden. Public regional registries that is being used to 2021(86 FR 12174) during a 60-day comments were previously requested support surveys of recreational anglers comment period. This notice allows for via the Federal Register on January 25, and for-hire vessels to develop estimates an additional 30 days for public 2021 (86 FR 6875) during a 60-day of recreational angling effort. comments. comment period. This notice allows for Affected Public: Individuals or an additional 30 days for public households; Business or other for-profit Agency: National Oceanic & comments. organizations. Atmospheric Administration (NOAA), Commerce. Agency: National Oceanic & Frequency: Annual. Title: Data Collections to Support Atmospheric Administration (NOAA), Respondent’s Obligation: Mandatory. Comprehensive Economic and Socio- Commerce. Legal Authority: Magnuson-Stevens Fishery Conservation and Management Economic Evaluations of the Fisheries Title: National Saltwater Angler Act (MSA). in Regions of the United States Affected Registry and State Exemption Program. This information collection request by Catastrophic Events. OMB Control Number: 0648–0578. may be viewed at www.reginfo.gov. OMB Control Number: 0648–0767. Form Number(s): None. Follow the instructions to view the Form Number(s): None.

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