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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices TABLE 2INITIAL IHA TAKE AUTHORIZED AND RENEWAL IHA PROPOSED TAKEContinued Level B harassment Species
Take authorized initial IHA

Minke whale
Sperm whale
Long-finned pilot whale
Bottlenose dolphin W.N. Atlantic Coastal Migratory
Bottlenose dolphin W.N. Atlantic Offshore
Common dolphin
Atlantic white-sided dolphin
Atlantic spotted dolphin
Rissos Dolphin
Harbor porpoise
Harbor seal
Gray seal

Proposed take renewal IHA

9
3 6
1,102
5,113
544
82
100
6 115
1,404
1,404

5
1 26
663
2408
3 544
4 42
2 50
26
2 115
529
529

Percent of Population 5

<1 <1 <1
9.9
3.8 <1 <1 <1 <1 <1 <1
1.9

1 Adjusted
from 1 to 2 animals based on 2020 field observations.
from calculated and requested take considering these species were not observed during the 2020 surveys.
Shores requested fewer takes than proposed here; however, we propose authorizing the same amount of take authorized in the initial IHA to account for the propensity for this species to bowride and travel in large groups.
4 Adjusted from calculated take to account for group size.
5 Population numbers in the initial IHA were generated from the Draft 2020 Stock Assessment Reports and remain valid to calculate percent of population here NMFS, 2021.
2 Adjusted 3 Atlantic
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 Federal Register notice announcing the issuance of the initial IHA 85 FR 21198, April 10, 2020, and the discussion of how we reached a least practicable adverse impact determination included in that document remains applicable.
All mitigation, monitoring and reporting measures in the initial IHA are carried over to this proposed renewal IHA and summarized here:
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.
Protected Species Observers: A
minimum of one NMFS-approved Protected Species Observer PSO must be on duty and conducting visual observations at all times during daylight hours i.e., from 30 minutes prior to sunrise through 30 minutes following sunset and 30 minutes prior to and during nighttime ramp-ups of HRG
equipment.
Exclusion Zones EZ: Marine mammal EZ would be established around the HRG survey equipment and monitored by PSO during HRG surveys as follows: A 500-m EZ would be required for North Atlantic right whales and a 100-m EZ would be required for all other marine mammals.
Pre-Operation Clearance Protocols:
Prior to initiating HRG survey activities, Atlantic Shores would implement a 30-

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minute pre-operation clearance period.
Ramp-up of the survey equipment would not begin until the relevant EZs have 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 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.
Vessel strike avoidance measures:
Separation distances for large whales 500 m NAWRD, 100 m other large whales; 50 m other cetaceans and pinnipeds; restricted vessel speeds and operational maneuvers.
Reporting: Atlantic Shores will submit a marine mammal report within 90 days following completion of the surveys.
Comments and Responses As noted previously, NMFS published a notice of a proposed IHA 85 FR 7926, February 12, 2020 and solicited public comments on both our proposal to issue 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 21198; April 10,
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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.
The Marine Mammal Commission the Commission was concerned that the renewal process is inconsistent with the statutory requirements under section 101a5D of the MMPA. As such, the Commission recommended that NMFS
refrain from issuing renewals for any authorization and instead use its abbreviated Federal Register notice process.
The notice of the proposed initial IHA
expressly notified and invited comment from the public on the possibility that under certain, limited conditions the applicant could seek a renewal IHA for an additional year. The notice described the conditions under which such a renewal request could be considered and expressly sought public comment in the event such a renewal were sought.
Further, since issuance of the initial IHA NMFS has modified the renewal process to provide notice through the Federal Register and an additional 15day public comment period at the time the renewal IHA is requested. 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. Therefore, the renewal process is consistent with section 101a5D of the MMPA and NMFS will continue to utilize this effective and efficient process provided the renewal criteria are met.

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