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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices dolphins within the 195 m Level B
harassment zone for the sparker during the first year of Vineyard Winds survey activities. White-beaked dolphins were considered unlikely to be encountered in the survey area and, therefore, take was not considered reasonably likely to occur and was not authorized in the initial IHA. This species has historically been found in waters outside of the survey area, from southern New England to southern Greenland and Davis Straits Leatherwood et al. 1976;
CETAP 1982, Hayes et al. 2019, across the Atlantic to the Barents Sea and south to at least Portugal Reeves et al.
1999. In waters off the northeastern U.S. coast, white-beaked dolphin sightings are typically concentrated in the western Gulf of Maine and around Cape Cod CETAP 1982, Hayes et al.

2019. The dolphins observed during the 20202021 surveys were first sighted as unidentified dolphins due to the decreased visibility under sea state 3 conditions, creating challenges in identification. Given the dolphins were of genera Delphinus, Lagenorhynchus, or Tursiops, and in accordance with IHA condition 4fvii, the PSO used their best professional judgment in determining that the animals were exempted from the shutdown requirement. After less than a minute of bow riding the dolphins began swimming away and at the end of the sighting the PSO was able to make a positive ID. The PSO determined the animal was leaving the zone and therefore no mitigation was required.
The PSO determined that there was no behavioral change or signs of distress
and thus Vineyard Wind did not report the sighting as a potentially unauthorized Level B harassment take.
Despite this single observation of white beaked dolphins, encounters with the species in the survey area remain unlikely. For example, no sightings of white beaked dolphins have been reported in monitoring reports from other IHAs issued in the same region in recent years. Therefore, NMFS has determined that the initial determination that take of the species is not reasonably likely to occur and, therefore, that take authorization for the species is not warranted. We have clarified with Vineyard Wind the need to communicate any sightings of rare species to NMFS as soon as possible.

TABLE 2INITIAL IHA TAKE AUTHORIZED AND RENEWAL IHA PROPOSED TAKE
Level B harassment Take authorized initial IHA

Species
Fin whale
Humpback whale
Minke whale
North Atlantic right whale
Sei whale
Atlantic white sided dolphin
Bottlenose dolphin WNA Offshore
Long-finned pilot whales
Rissos dolphin
Common dolphin
Sperm whale
Harbor porpoise
Gray seal
Harbor seal

67
46
41
10
4 1,011
815
142
6 2,036
4 1,045
4,044
4,044

Proposed take renewal IHA
51
34
31
10
3 758
611
107
6 2,036
3 784
3,033
3,033

Percent population 1

1.1
2.1
1.5
2.7
0.4
2.0
1.0
0.6
0.08
2.3
0.06
1.7
11.17
4.0

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1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 2 in the notice of the final IHA for the initial authorization 85 FR 26940, May 06, 2020. In most cases the best available abundance estimate is provided by Roberts et al.
2016, 2017, 2018, when available, to maintain consistency with density estimates derived from Roberts et al. 2016, 2017, 2018. For North Atlantic right whales the best available abundance estimate is derived from the 2021 NOAA Technical Memorandum NMFSNE269 Revisions and Further Evaluations of the Right Whale Abundance Model: Improvements for Hypothesis Testing Pace, 2021. For bottlenose dolphins and seals, Roberts et al. 2016, 2017, 2018 provides only a single abundance estimate and does not provide abundance estimates at the stock or species level respectively, so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins, gray and harbor seals are derived from NMFS SARs Hayes et al., 2019.

Description of Proposed Mitigation, Monitoring and Reporting Measures The proposed mitigation, monitoring, and reporting measures included as requirements in this authorization are identical to those included in the FR
Notice announcing the issuance of the initial IHA 85 FR 26940, May 06, 2020, and the discussion of the least practicable adverse impact included in that document and the notice of the proposed IHA remains accurate 85 FR
7952, February 12, 2020; 85 FR 26940, May 06, 2020. All mitigation, monitoring and reporting measures in the initial IHA are carried over to this proposed Renewal IHA and summarized here:

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EZ: Marine mammal EZs will be established around the HRG survey equipment and monitored by PSO
during HRG surveys as follows: A 500m EZ is required for North Atlantic right whales and a 100-m EZ is required for all other marine mammals with the exception of certain genera of small delphinids i.e., Delphinus, Lagenorhynchus, and Tursiops under certain circumstances, such as individuals voluntary approaching the vessel. If a marine mammal is detected approaching or entering the EZs during the planned survey, the vessel operator would adhere to the shutdown procedures described below. In addition to the EZs described above, PSOs would
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visually monitor a 200-m Buffer Zone;
however, this Buffer Zone is not applicable when the EZ is greater than 100 meters. PSOs would also be required to observe a 500-m Monitoring Zone and record the presence of all marine mammals within this zone and within the Level B harassment zone.
The zones described above would be based upon the radial distance from the active equipment rather than being based on distance from the vessel itself.
PSO: A minimum of two NMFSapproved PSOs must be on duty and conducting visual observations at all times on all active survey vessels when HRG equipment is operating, including both daytime and nighttime operations.

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