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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
Common Dolphin Common dolphins are the most likely dolphin species to be spotted in Narragansett Bay, and usually occur in late fall or winter Kenney, 2013. The most recent sighting of a common dolphin recorded in Narragansett Bay was in October of 2016 Hayes et al., 2019. Construction activity could occur at any time of year and would be shortterm and intermittent. Based on density data for Narragansett Bay NMSDD, Navy, 2017, the average density of
common dolphin was determined to be 0.011/km2. Using this information, 3
takes by Level B harassment were calculated for Years 1 and 4, 2 takes for Year 2 and 6 takes for Year 3 Table 12.
Because the calculated annual take is below the average group size, the annual take by Level B harassment proposed for common dolphin has been increased to the average group size 28 NAVSEA
NUWC 2017. Therefore, the Navy requested and NMFS proposes 28 takes annually with the exception of Year 2,
for which it was doubled to 56 takes as a conservative approach to account for more vibratory and impact pile driving activities that occur during that year in two sections S366 and Pier 1 for a total of 140 takes by Level B harassment of common dolphin Table 12. No takes by Level A harassment of common dolphin are anticipated. Because this species regular occurrence is in much deeper waters than the extent of the ZOI
Hayes et al., 2019, takes of this species are expected to be extremely low.

TABLE 12PROPOSED TAKE FOR COMMON DOLPHIN
Calculated Level B
harassment
Construction year Year Year Year Year
1 2
3 4

Proposed Level B
harassment
S45
S366 and Pier 01
LNG
S499/Pier 2

3
2 6
3

28
56
28
28

Total

14

140

Harbor Porpoise Harbor porpoise are not common to Narragansett Bay but may occur, especially in winter and spring months Kinney 2013. Harbor porpoise is the most stranded cetacean in Rhode Island, with a strong seasonal occurrence in the spring. Construction activity could occur at any time of year and would be short-term and intermittent. Therefore, the average species density was determined to be appropriate for
estimating takes of harbor porpoise.
Based on density data for Narragansett Bay NMSDD, Navy 2017, the average density of harbor porpoise was determined to be 0.012/km2. Using this information, 4 takes by Level B
harassment were calculated for Years 1
and 4, 2 takes for Year 2, and 7 takes for Year 3 Table 13. Because the calculated take in Year 2 was less than the group size, the annual take by Level B harassment proposed for harbor porpoise has been increased to the
average group size 3 and multiplied by two for 6 takes NAVSEA NUWC 2017
as a conservative approach to account for more vibratory and impact pile driving activities that occur during that year in two sections S366 and Pier 1.
Therefore, the Navy requested and NMFS proposes 4 takes in Years 1 and 4, 6 takes in Year 2, and 7 takes in Year 3, and a total of 21 takes by Level B
harassment of harbor porpoise Table 13. Level A harassment could occur during years 1, 3 and 4 Table 13.

TABLE 13PROPOSED TAKE FOR HARBOR PORPOISE
Proposed Level A
harassment
Construction year Year Year Year Year
1 2
3 4

Proposed Level B
harassment
S45
S366 and Pier 01
LNG
S499/Pier 2

1
0 2
1

4
2 7
4

4
6 7
4

Total

4

17

21

Harbor Seal
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Calculated Level B
harassment
Harbor seals are the most common seal in Narragansett Bay, which is a well-known winter feeding ground for the species Moll et al., 2017. Seals are commonly observed from late September through April Moll et. al., 2017; DeAngelis, 2020. Of the 22
known haulouts within Narragansett Bay, The Sisters is the nearest haulout to the project area 0.9 mi. Harbor seals are rarely observed at The Sisters haulout in the early fall September October but consistent numbers are
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regularly observed in mid-November 0
10 animals. These numbers gradually increase with peak numbers in the upper 40s occurring in March, typically at low tide DeAngelis, 2020. The NMSDD Navy, 2017a models harbor and gray seals as a guild due to the difficulty in distinguishing these species at sea. Harbor seal is expected to be the most common pinniped in Narragansett Bay with year-round occurrence Kenney and Vigness-Raposa, 2010.
Therefore, the maximum species density for the harbor-gray seal guild was
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determined to be appropriate for estimating takes of harbor seal. Based on density data for Narragansett Bay Navy, 2017a, the maximum density of seals was determined to be 0.623/km2. This density value is for all seals harbor and gray seals as a guild; therefore, this density value results in some degree of overestimation when applied to harbor seals only. The Navy requested and NMFS proposes a high of 25 takes by Level A harassment and 353 takes by Level B harassment during Year 3, and a low of 13 takes by Level A harassment
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