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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices proposed IHA and the potential issuance of a Renewal for this project.
Because any Renewal as explained in the Request for Public Comments section in the initial IHA is limited to another year of identical or nearly identical activities in the same location as described in the Description of Proposed Activity section in the initial IHA or the same activities that were not completed within the one-year period of the initial IHA, reviewers have the information needed to effectively comment on both the immediate proposed IHA and a possible 1-year Renewal, should the IHA holder choose to request one.
While there are additional documents submitted with a Renewal request, for a qualifying Renewal these are limited to documentation that NMFS will make available and use to verify that the activities are identical to those in the initial IHA, are nearly identical such that the changes would have either no effect on impacts to marine mammals or decrease those impacts, or are a subset of activities already analyzed and authorized but not completed under the initial IHA. NMFS will also confirm, among other things, that the activities will occur in the same location; involve the same species and stocks; provide for continuation of the same mitigation, monitoring, and reporting requirements;
and that no new information has been received that would alter the prior analysis. The renewal request also contains a preliminary monitoring report, but that is to verify that effects from the activities do not indicate impacts of a scale or nature not previously analyzed. The additional 15day public comment period provides the public an opportunity to review these few documents, provide any additional pertinent information and comment on whether they think the criteria for a renewal have been met.
NMFS also will provide direct notice of the proposed Renewal to those who commented on the initial IHA, to provide an opportunity to submit any additional comments. Between the initial 30-day comment period on these same activities and the additional 15
days, the total comment period for a renewal is 45 days.
In addition to the IHA Renewal process being consistent with all requirements under section 101a5D, it is also consistent with Congresss intent for issuance of IHAs to the extent reflected in statements in the legislative history of the MMPA. Through the provision for Renewals in the regulations, description of the process and express invitation to comment on specific potential Renewals in the
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Request for Public Comments section of each proposed IHA, the description of the process on NMFS website, further elaboration on the process through responses to comments such as these, posting of substantive documents on the agencys website, and provision of 30 or 45 days for public review and comment on all proposed initial IHAs and Renewals respectively, NMFS has ensured that the public is invited and encouraged to participate fully in the agency decision-making process.
For more information, NMFS has published a description of the Renewal process on our website available at https www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals.
Preliminary Determinations The survey activities proposed by Vineyard Wind are identical to and a subset of those analyzed in the initial IHA, as are the method of taking and the effects of the action. The mitigation measures and monitoring and reporting requirements as described above are also identical to the initial IHA. The planned number of days of activity will be reduced given the completion of a small portion of the originally planned work. Therefore, the amount of take proposed is equal to or less than that authorized in the initial IHA. The potential effect of Vineyard Winds activities remains limited to Level B
harassment in the form of behavioral disturbance. In analyzing the effects of the activities in the initial IHA, NMFS
determined that Vineyard Winds activities would have a negligible impact on the affected species or stocks and that the authorized take numbers of each species or stock were small relative to the relevant stocks e.g., less than one-third of the abundance of all stocks.
NMFS has preliminarily concluded that there is no new information suggesting that our analysis or findings should change from those reached for the initial IHA. This includes consideration of the estimated abundances of four stocks North Atlantic right whales, humpback whales, fin whales, and minke whales decreasing and the estimated abundances of one stock common dolphins increasing Hayes et al. 2020, Pace 2021. This also includes consideration of the increased density estimates for North Atlantic right whales based on updated model outputs from Roberts et al. 2020 as described above in the Estimated Take section.
Based on the information and analysis contained here and in the referenced
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documents, NMFS has determined the following: 1 The required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; 2 the authorized takes will have a negligible impact on the affected marine mammal species or stocks; 3 the authorized takes represent small numbers of marine mammals relative to the affected stock abundances; 4 Vineyard Winds activities will not have an unmitigable adverse impact on taking for subsistence purposes as no relevant subsistence uses of marine mammals are implicated by this action, and; 5 appropriate monitoring and reporting requirements are included.
Endangered Species Act Section 7a2 of the Endangered Species Act of 1973 16 U.S.C. 1531 et seq. requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally, in this case with the NMFS
Greater Atlantic Regional Fisheries Office GARFO, whenever we propose to authorize take for endangered or threatened species.
The NMFS Office of Protected Resources is authorizing the incidental take of four species of marine mammals which are listed under the ESA: The North Atlantic right, fin, sei and sperm whale. We requested initiation of consultation under Section 7 of the ESA
with NMFS GARFO on February 12, 2020, for the issuance of this IHA.
BOEM consulted with NMFS GARFO
under section 7 of the ESA on commercial wind lease issuance and site assessment activities on the Atlantic Outer Continental Shelf in Massachusetts, Rhode Island, New York and New Jersey Wind Energy Areas. The NMFS GARFO issued a Biological Opinion concluding that these activities may adversely affect but are not likely to jeopardize the continued existence of the North Atlantic right, fin, sei and sperm whale. Upon request from the NMFS Office of Protected Resources, NMFS GARFO issued an amended incidental take statement associated with this Biological Opinion to include the take of the ESA-listed marine mammal species authorized through this IHA in April 2020. On May 12, 2021 NMFS GARO determined that their initial consultation remains valid and that the proposed MMPA Renewal IHA provides no new information about
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