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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
Visual monitoring would begin no less than 30 minutes prior to initiation of HRG survey equipment and would continue until 30 minutes after use of the acoustic source ceases or until 30
minutes past sunset. However, Vineyard Wind has committed to 24-hr use of PSOs. PSOs would establish and monitor the applicable EZs, Buffer Zone and Monitoring Zone as described above.
Pre-Operation Clearance Protocols:
Prior to initiating HRG survey activities, Vineyard Wind would implement a 30minute pre-clearance period. Ramp-up of the survey equipment would not begin until the relevant zones 500-m EZ
for North Atlantic right whales and 200m Buffer Zone for all other species have been cleared by the PSOs. If any marine mammals are detected within the relevant EZs or Buffer Zone during the pre-clearance period, initiation of HRG
survey equipment would not begin until the animals has been observed exiting the respective EZ or Buffer Zone, or, until an additional time period has elapsed with no further sighting i.e., minimum 15 minutes for small odontocetes and seals, and 30 minutes for all other species. The pre-clearance requirement would include small delphinids that approach the vessel e.g., bow ride. PSOs would also continue to monitor the zone for 30
minutes after survey equipment is shut down or survey activity has concluded.
Ramp-up: A ramp-up procedure would be used for geophysical survey equipment capable of adjusting energy levels at the start or re-start of survey activities. Ramp-up of the survey equipment would not begin until the relevant EZs and Buffer Zone has been cleared by the PSOs, as described above.
HRG equipment would be initiated at their lowest power output and would be incrementally increased to full power. If any marine mammals are detected within the EZs or Buffer Zone prior to or during ramp-up, the HRG equipment would be shut down as described below.
Shutdown of HRG Equipment: If an HRG source is active and a marine mammal is observed within or entering a relevant EZ as described above an immediate shutdown of the HRG survey equipment would be required. Note this shutdown requirement would be waived for certain genera of small delphinids as described above. Subsequent restart of the HRG equipment would only occur after the marine mammal has either been observed exiting the relevant EZ, or, until an additional time period has elapsed with no further sighting of the animal within the relevant EZ i.e., 15

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minutes for small odontocetes and seals, and 30 minutes for all other species.
Vessel strike avoidance measures:
Separation distances for large whales 500 m North Atlantic Right Whales, 100 m other large whales; 50 m other cetaceans and pinnipeds, restricted vessel speeds, and operational maneuvers.
Seasonal Operating Requirements:
Vineyard Wind will conduct HRG
survey activities in the Cape Cod Bay Mid-Atlantic U.S. Seasonal Management Area SMA and Off Race Point SMA
only during the months of August and September to ensure sufficient buffer between the SMA restrictions January to May 15 and known seasonal occurrence of the North Atlantic right whale north and northeast of Cape Cod fall, winter, and spring. Vineyard Wind will also limit to three the number survey vessels that will operate concurrently from March through June within the lease areas OCSA 0501 and 0487 and offshore export cable corridor OECC areas north of the lease areas up to, but not including, coastal and bay waters. Another seasonal restriction area south of Nantucket will be in effect from December to February in the area delineated by the DMA that was effective from January 31, 2020 through February 15, 2020. In addition, Vineyard Wind would operate either a single vessel, two vessels concurrently or, for short periods, no more than three survey vessels concurrently in the areas described above during the December February and MarchJune timeframes when right whale densities are greatest.
The seasonal restrictions described above will help to reduce both the number and intensity of North Atlantic right whale takes.
Reporting: Vineyard Wind will submit a final technical report within 90
days following completion of the surveys. In the event that Vineyard Wind personnel discover an injured or dead marine mammal, Vineyard Wind shall report the incident to the Office of Protected Resources OPR, NMFS and to the New England/Mid-Atlantic Regional Stranding Coordinator as soon as feasible. In the event of a ship strike of a marine mammal by any vessel involved in the activities covered by the authorization, Vineyard Wind shall report the incident to OPR, NMFS and to the New England/Mid-Atlantic Regional Stranding Coordinator as soon as feasible.
Comments and Responses As noted previously, NMFS published a notice of a proposed IHA 85 FR 7952, February 12, 2020 and solicited public comments on both our proposal to issue
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the initial IHA for marine site characterization surveys and on the potential for a Renewal IHA, should certain requirements be met.
All public comments were addressed in the notice announcing the issuance of the initial IHA 85 FR 26940, May 06, 2020. Below, we describe how we have addressed, with updated information where appropriate, any comments received that specifically pertain to the Renewal of the 2020 IHA.
Comment: The Marine Mammal Commission Commission recommended that NMFS refrain from issuing Renewals for any authorization and instead use its abbreviated Federal Register notice process. They argued that the process is similarly expeditious and fulfills NMFSs intent to maximize efficiencies, and that NMFS 1 stipulate that a Renewal is a one-time opportunity a in all Federal Register notices requesting comments on the possibility of a Renewal, b on its web page detailing the Renewal process, and c in all draft and final authorizations that include a term and condition for a Renewal and, 2 if NMFS refuses to stipulate a Renewal being a one-time opportunity, explain why it will not do so in its Federal Register notices, on its web page, and in all draft and final authorizations.
Response: NMFS expressed how it does not agree with the Commission that we instead use the abbreviated notice process and did not adopt the Commissions recommendation. As explained in the response to the following comment, NMFS believes Renewals can be issued in certain limited circumstances.
The Commission was also concerned that NMFS had not explicitly identified that a 1-year Renewal IHA was a onetime opportunity in our Federal Register notices nor on our website.
NMFS has since identified in Federal Register notices and on our website that a Renewal IHA is one time opportunity.
Comment: A group of environmental non-governmental organizations ENGOs objected to NMFS process to consider extending any 1-year IHA with a truncated 15-day comment period as contrary to the MMPA.
Response: NMFS IHA Renewal process meets all statutory requirements. All IHAs issued, whether an initial IHA or a Renewal IHA, are valid for a period of not more than 1
year. And the public has at least 30 days to comment on all proposed IHAs, with a cumulative total of 45 days for IHA
Renewals. As noted above, the Request for Public Comments section in the initial IHA made clear that the agency was seeking comment on both the initial
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