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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
The equation for estimating take for all species remains the same as the initial IHA:
Estimated Take = D ZOI of days
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Where:
D = species density per km2 and ZOI =
maximum daily ensonified area
In the notices of the proposed and final IHAs for the initial authorization 85 FR 7952, February 12, 2020; 85 FR
26940, May 06, 2020, a conservative ZOI was calculated by applying the maximum radial distance for any category and type of HRG survey equipment considered in its assessment to the mobile source ZOI calculation.
This maximum calculated distance to the Level B harassment threshold for the GeoMarine Geo Spark 2000 of 195 m was also used to calculate the ZOI for the requested extension. Vineyard Wind estimates that proposed survey vessels will achieve a maximum daily track line distance of 100 km per day during proposed HRG surveys. This distance accounts for the vessel traveling at roughly 3.5 kn 6.5 km/hour and accounts for non-active survey periods.
Based on the maximum estimated distance to the Level B harassment threshold of 195 m Table 1 and the maximum estimated daily track line distance of 100 km, Vineyard Wind estimated that an area of 39.12 km2
would be ensonified to the Level B
harassment threshold per day during Vineyard Winds proposed HRG
surveys. This is a conservative estimate as it assumes the HRG sources that result in the greatest isopleth distances to the Level B harassment threshold would be operated at all times during the all vessel days.
This methodology of calculating take in the initial IHA applies to the proposed Renewal IHA for all species, with the only difference being the fewer amount of vessel days i.e., 552 versus 736. The result is that the amount of take is reduced proportionally to the reduction in the number of days of work remaining. Vineyard Wind has requested a deviation from the proportionally reduced calculated take for Rissos dolphins as described below.
Other than in the additional instances described below, NMFS agrees with Vineyard Winds request for take and we propose to authorize the same amount of take as described in their request.
In their request for a Renewal IHA
application, Vineyard Wind requested that the number of Level B harassment takes per the equation above for Rissos dolphins be equal to their average group size estimate 6
individuals, given a proportional
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reduction in take based on the reduction in the number of days of work remaining would result in a take estimate that is smaller than the average group size estimate. As described in Vineyard Winds preliminary monitoring report, they did not observe any Rissos dolphins during the survey work thus far completed. Therefore, we have carried over the same amount of take as proposed in the initial IHA, which is based on an average group size of 6 Rissos dolphins Table 2.
In the notices of the proposed and final IHAs for the initial authorization 85 FR 7952, February 12, 2020; 85 FR
26940, May 06, 2020 takes by Level B
harassment authorized for North Atlantic right whales were limited to 10
individuals, which was reduced from the calculated take of 31 whales. There were several reasons justifying this reduction. Vineyard Wind established and monitored a shutdown zone at least 2.5 times 500-meters m greater than the predicted Level B harassment threshold distance 195 m. Take had also been conservatively calculated based on the largest source, which will not be operating at all times, and take is therefore likely over-estimated to some degree. Furthermore, the potential for incidental take during daylight hours is very low given that two Protected Species Observers PSOs are required for monitoring. Additionally, sightings of right whales had been uncommon during previous HRG surveys conducted in areas near the proposed surveys. For example, no North Atlantic right whales were sighted during Bay State Wind surveys in adjacent and overlapping survey areas over 376 vessel days between May 11, 2018 and March 14, 2019. Vineyard Wind also had no North Atlantic right whales sighted in their marine mammal monitoring report that included Lease Areas OCSA 0501 and OCSA 0522 from May 31, 2019 through January 7, 2020. Therefore, the aforementioned factors led NMFS to conclude that the unadjusted modeled exposure estimate was likely a significant overestimate of actual potential exposure. Accordingly, in the initial IHA NMFS made a reasonable adjustment to conservatively account for these expected mitigating effects on actual taking of right whales.
During the 20202021 surveys, Vineyard Wind reported four sightings of seven North Atlantic right whales in their preliminary monitoring report.
While all of these individuals were observed on a single day December 20, 2020 and outside both the estimated 195-m Level B harassment Zone and the 500 m Exclusion Zone EZ for North Atlantic right whales closest
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approaches were >900 m, they represent an increased amount of sightings observed during HRG surveys, though the information suggests that there were no takes. Updated model outputs from Roberts et al. 2020 also suggest that there has been a slight increase in North Atlantic right whale density in the survey area. Despite the increase in sightings and densities of North Atlantic right whales in the survey area, we believe that an updated unadjusted modeled exposure estimate based on these slightly increased densities would still represent a significant overestimate of the actual potential exposure, and therefore propose to carry over the same amount of take 10 individuals as proposed in the initial IHA, which accounts for the expected mitigating effects on the actual taking of right whales.
As documented in Vineyard Winds preliminary monitoring report, there was a number of sightings of delphinids both within the estimated 195 m Level B Harassment Zone and the 100 m EZ
that were characterized by the PSOs as voluntary approaches. A voluntary approach is defined as a purposeful approach toward the vessel by the delphinids with a speed and vector that indicates that the delphinids is approaching the vessels and remains near the vessel or towed equipment BOEM 2014. Vineyard Wind PSOs reported 270 sightings of approximately 3,332 individual common dolphins within the estimated 195 m Level B
harassment zone for the sparker. During these marine mammal observations, no behavior was observed that would be considered consistent with a behavioral response to harassment i.e., rapid swimming away from the sound source or vessel; repeated fin slaps or breaches;
notable changes in behavior as a result of vessel approach, and no animals demonstrated signs of harm. Therefore, Vineyard Wind concluded that these animals did not experience Level B
Harassment, as defined under the MMPA. Given that Vineyard Wind observed more common dolphins than expected, we propose to carry over the same amount of take 2,036 individuals as proposed in the initial IHA, as opposed to decreasing it commensurate to the reduced amount of activity remaining. Thus, take numbers proposed in this IHA Renewal Table 2
represent prorated estimates for all species except North Atlantic right whales, Rissos dolphins, and common dolphins whose proposed take estimates remain the same as authorized in the initial IHA.
On August 20, 2020 Vineyard Wind PSOs observed two white-beaked
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