[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62337-62341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19508]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD248]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys in the Area of Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf Lease Areas 
OCS-A 0486, 0487, and 0500

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments on proposed renewal incidental 
harassment authorization.

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SUMMARY: NMFS received a request from Orsted Wind Power North America 
LLC (Orsted) for the renewal of their 2022 incidental harassment 
authorization (IHA) (hereinafter, the 2022 IHA is referred to as the 
``initial IHA'' and the requested IHA is referred to as the ``Renewal 
IHA'') to take marine mammals incidental to marine site 
characterization surveys, using high-resolution geophysical (HRG) 
equipment, in coastal waters from New York to Massachusetts, including 
the Bureau of Ocean Energy Management (BOEM) Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf (OCS) Lease Areas OCS-A 0486, 0487, 0500 and along 
potential export cable routes (ECR). The activities are identical to 
those covered under the initial IHA, which expires on October 5, 2023. 
Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing 
the initial IHA, NMFS requested comments on both the proposed IHA and 
the potential for renewing the initial authorization if certain 
requirements were satisfied. The renewal requirements have been 
satisfied, and NMFS is now providing an additional 15-day comment 
period to allow for any additional comments on the proposed renewal not 
previously provided during the initial 30-day comment period. If 
issued, the renewal IHA would be effective from the date of issuance.

DATES: Comments and information must be received no later than 
September 26, 2023.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service and should be submitted via email to 
<a href="/cdn-cgi/l/email-protection#400914106e0c2f232b002e2f21216e272f36"><span class="__cf_email__" data-cfemail="9dd4c9cdb3d1f2fef6ddf3f2fcfcb3faf2eb">[email protected]</span></a>.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. All comments received are a part of 
the public record and will generally be posted online at 
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information. 
Electronic copies of the application and supporting documents, as well 
as a list of the references cited in this document, may be obtained 
online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Karolyn Lock, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) 
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 
(as delegated to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical region if certain findings are made and 
either regulations are promulgated or, if the taking is limited to 
harassment, an incidental harassment authorization is issued.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). NMFS must prescribe the permissible methods of taking 
and other ``means of effecting the least practicable adverse impact'' 
on the affected species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). NMFS must also prescribe requirements pertaining to 
monitoring and reporting of such takings. The definitions of key terms 
such as ``take,'' ``harassment,'' and ``negligible impact'' can be 
found in the MMPA and NMFS implementing regulations (see 16 U.S.C. 
1362; 50 CFR 216.3; 50 CFR 216.103).
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed one year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, on a case-by-case basis, NMFS may issue a 1-time 1-year 
renewal of an IHA following notice to the public providing an 
additional 15 days for public comments when (1) up to another year of 
identical, or nearly identical, activities as described in the Detailed 
Description of Specified Activities section of the initial IHA issuance 
notice is planned, or (2) the activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of the

[[Page 62338]]

initial IHA issuance notice would not be completed by the time the 
initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the DATES section of the notice of 
issuance of the initial IHA, provided all of the following conditions 
are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal of the initial IHA effective date (recognizing that 
the renewal's expiration date cannot extend beyond 1 year from 
expiration of the initial IHA);
    2. The request for renewal must include the following:
    <bullet> An explanation that the activities to be conducted under 
the requested renewal are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take); 
and
    <bullet> A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized; and
    3. Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested renewal, and agency responses will be 
summarized in the final notice of our decision.

National Environmental Policy Act

    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations with no 
anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS determined that the issuance of the 
initial IHA qualified to be categorically excluded from further NEPA 
review. NMFS has preliminarily determined that the application of this 
categorical exclusion remains appropriate for this Renewal IHA.

Summary of Request

    On October 6, 2022, NMFS issued an IHA to Orsted to take small 
numbers of marine mammals incidental to marine site characterization 
surveys in Federal and state waters located in Lease Areas OCS-A 0486, 
0487, 0500 off the coasts from New York to Massachusetts and along 
potential ECRs to landfall locations between Raritan Bay (part of the 
New York Bight) and Falmouth, Massachusetts. On May 26, 2023, NMFS 
received a request for a renewal of that initial IHA because Orsted's 
marine site characterization surveys under the initial IHA had not yet 
occurred and more time is required. As described in the application for 
the Renewal IHA, the activities for which incidental take is requested 
are identical to those covered by the initial IHA. However, Orsted 
decreased the number of survey days from 400 to 390 based on the 
assumption that subsidiaries of Orsted will have separate incidental 
take authorizations for marine site characterization surveys in Lease 
Areas OCS-A 0486 (Revolution Wind; 88 FR 8996, February 10, 2023) and 
OCS-A 0487 (Sunrise Wind; 87 FR 79072, January 19, 2023) during the 
proposed effective period of the Renewal IHA. NMFS is proposing to 
authorize incidental take through this proposed Renewal IHA assuming 
400 survey days will be necessary as NMFS has not promulgated final 
rules for Revolution Wind and Sunrise Wind.
    As no work has commenced under the initial IHA, Orsted cannot 
provide a preliminary monitoring report. However, if work occurs before 
the effective date of the proposed Renewal IHA, a preliminary 
monitoring report would be required and be made available on NMFS' 
website (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable) and would detail any implemented mitigation and 
monitoring and show that no impacts of a scale or nature not previously 
analyzed or authorized have occurred as a result of the activities 
conducted. Orsted has complied with all the requirements (e.g., 
mitigation, monitoring, and reporting) of the previous IHAs in Lease 
Areas OCS-A 0486, 0487, and 0500 (84 FR 52464, October 2, 2019; 85 FR 
63508, October 8, 2020; 87 FR 13975, March 11, 2022).
    On August 1, 2022, NMFS announced proposed changes to the existing 
North Atlantic right whale vessel speed regulations to further reduce 
the likelihood of mortalities and serious injuries to endangered North 
Atlantic right whales from vessel collisions, which are a leading cause 
of the species' decline and a primary factor in an ongoing Unusual 
Mortality Event (87 FR 46921). Should a final vessel speed rule be 
issued and become effective during the effective period of this 
proposed Renewal IHA (or any other MMPA incidental take authorization), 
the authorization holder would be required to comply with any and all 
applicable requirements contained within the final rule. Specifically, 
where measures in any final vessel speed rule are more protective or 
restrictive than those in this or any other MMPA authorization, 
authorization holders would be required to comply with the requirements 
of the rule. Alternatively, where measures in this or any other MMPA 
authorization are more restrictive or protective than those in any 
final vessel speed rule, the measures in the MMPA authorization would 
remain in place. These changes would become effective immediately upon 
the effective date of any final vessel speed rule and would not require 
any further action on NMFS's part.

Description of the Specified Activities and Anticipated Impacts

    Orsted plans to conduct marine site characterization surveys, 
specifically HRG surveys, in the Lease Areas OCS-A 0486, 0487, 0500 and 
ECR Area in Federal and state waters from New York to Massachusetts to 
support the characterization of the existing seabed and subsurface 
geological conditions, which is necessary for the development of an 
offshore electric transmission system. The project would use active 
acoustic sources, including some with potential to result in the 
incidental take of marine mammals by Level B harassment.

[[Page 62339]]

    This proposed Renewal IHA is identical to the initial IHA and 
conservatively assumes no work will occur for the remainder of the 
initial IHA.
    The Renewal IHA would authorize incidental take, by Level B 
harassment only (in the form of behavioral disturbance), of 16 species 
or stocks of marine mammals for identical marine site characterization 
survey activities to be completed in one year, in the same area, using 
survey methods identical to those described in the initial IHA 
application. Therefore, the anticipated effects on marine mammals and 
the affected stocks also remain the same. The amount of take, by Level 
B harassment, requested for the Renewal IHA is also identical to that 
authorized in the initial IHA. All mitigation, monitoring, and 
reporting measures would remain exactly as described in the Federal 
Register notice of the issued initial IHA (87 FR 61575, October 12, 
2022).

Detailed Description of the Activity

    A detailed description of the marine site characterization survey 
activities for which incidental take is proposed here may be found in 
the Federal Register notice of the proposed IHA (87 FR 52515, August 
26, 2022) for the initial authorization. The location and nature of the 
activities, including the types of equipment planned for use, are 
identical to those described in the previous notices.

     Table 1--Number of Survey Days for Each Lease Area and ECR \1\
------------------------------------------------------------------------
                                                              IHA Total
                                                              number of
                            Area                             survey days
                                                                 \2\
------------------------------------------------------------------------
OCS-A-0486.................................................           10
OCA-A-0487.................................................           10
OCS-A-0500.................................................          200
ECR........................................................          180
Total......................................................          400
------------------------------------------------------------------------
\1\ Up to three total survey vessels may be operating within both of the
  survey areas concurrently. Orsted estimated it would conduct surveys
  at a rate of 70 kilometers (km) per survey day.
\2\ NMFS proposes to authorize work for the same number of vessel days
  as described in the initial IHA.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice of the proposed IHA for the initial 
authorization (87 FR 52515, August 26, 2022). NMFS has reviewed the 
recently finalized 2022 Stock Assessment Reports (SARs), which included 
updates to stock abundances since the initial IHA was issued, 
information on relevant Unusual Mortality Events, and other scientific 
literature. In August 2023, NMFS released its final 2022 SARs, which 
updated the population estimate (N<INF>best</INF>) of North Atlantic 
right whales from 368 to 338 and annual mortality and serious injury 
increased from 8.1 to 31.2. This large increase in annual serious 
injury/mortality is a result of NMFS including undetected annual 
mortality and serious injury in the total annual serious injury/
mortality, which had not been previously included in the SARs. The 
population estimate is slightly lower than the North Atlantic Right 
Whale Consortium's 2022 Report Card, which identifies the population 
estimate as 340 individuals (Pettis et al., 2023). NMFS has determined 
that neither this nor any other new information affects which species 
or stocks have the potential to be affected or any other pertinent 
information in the Description of the Marine Mammals in the Area of 
Specified Activities contained in the supporting documents for the 
initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
proposed here may be found in the Federal Register notice of the 
proposed IHA for the initial authorization proposed (87 FR 52515, 
August 26, 2022). NMFS has reviewed information on relevant Unusual 
Mortality Events, the 2022 SARs, and other scientific literature and 
data, and preliminarily determined that there is no new information 
that affects our initial analysis of impacts on marine mammals and 
their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the notices of the 
proposed (87 FR 52515, August 26, 2022) and issued (87 FR 61575; 
October 12, 2022) IHAs for the initial authorization. Specifically, the 
acoustic sources and levels, survey days, and marine mammal density 
applicable to this authorization remain unchanged from the initial IHA. 
Similarly, the stocks taken, methods of take and type of take (i.e., 
Level B harassment in the form of behavioral disturbance) remain 
unchanged from the initial IHA.
    As was done in the initial IHA, Orsted requested a deviation from 
the calculated take for some species given to account for group size or 
observations during surveys in the surrounding area. Other than in the 
instances described below, Orsted's requested take matches their 
initial IHA. Orsted's Renewal IHA request references new data sources 
to inform group sizes for humpback whale (collected under the Northeast 
Projects IHA (87 FR 13975, March 11, 2022)), minke whale (Kenney and 
Vigness-Raposa, 2010); and Risso's dolphin (Barkaszi and Kelly, 2019). 
When these group size data were considered, the takes requested by 
Orsted for these species in their application were equal to or less 
than that authorized under the initial IHA. However, NMFS proposes to 
authorize the same number of incidental takes for all species as the 
initial IHA as the activities are identical and NMFS considers the data 
sources used in the initial IHA the best scientific information 
available.
    During consideration of this Renewal IHA request, a typographical 
error in the proposed and notice of issuance Federal Register 
publications was identified that stated 17 pilot whales were authorized 
for take when 52 were requested and authorized within the IHA (as 
stated in the initial IHA application and issued IHA). The number of 
takes included in the Renewal IHA application and within this proposed 
Renewal IHA is 52, which equates to 0.13 percent of the population 
abundance. Lastly, the stock abundance amounts used for the initial IHA 
were from the 2021 SARs (Hayes et al., 2022), the most recent available 
at the time of publication; the abundance amounts used for this 
proposed Renewal IHA are the final 2022 SARs (Hayes et al., 2023).

[[Page 62340]]



          Table 2--Initial IHA Take Authorized and Renewal IHA Proposed Take by Level B Harassment \1\
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                                                                                            NMFS
                                                  Population      Take      Requested     proposed    Percent of
                    Species                       abundance    authorized    proposed       take      population
                                                     \2\      initial IHA      take     renewal IHA  for renewal
                                                                           renewal IHA      \3\          IHA
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale \4\.................          338           17           16           17         5.03
Humpback whale.................................        1,396           34           19           34         2.44
Fin whale......................................        6,802           14           14           14         0.21
Sei whale......................................        6,292            3            3            3         0.05
Minke whale....................................       21,968           13            9           13         0.06
Sperm whale....................................        4,349            2            2            2         0.05
Long-finned Pilot whale \5\....................       39,215           52           52           52         0.13
Bottlenose dolphin \6\.........................       62,851          139          139          139         0.22
Common Dolphin.................................      172,974        6,000        6,000        6,000         3.47
Atlantic white-sided dolphin...................       93,233          210          206          210         0.23
Atlantic spotted dolphin.......................       39,921           29           29           29         0.07
Risso's dolphin................................       35,215           30           30           30         0.09
Striped dolphin................................       67,036           20           20           20         0.03
Harbor porpoise................................       95,543          287          279          287         0.30
Gray seal......................................       27,300          118          116          118         0.43
Harbor seal....................................       61,336          118          116          118        <0.01
----------------------------------------------------------------------------------------------------------------
\1\ No take by Level A harassment is anticipated nor proposed to be authorized.
\2\ Final 2022 SARs (Hayes et al., 2023). At the time of the issuance of the initial IHA, the 2021 SARs were
  used as the best available science. This table utilizes the 2022 SARs abundance numbers. The only species
  where the abundance number changed between the initial IHA and this proposed renewal was the North Atlantic
  right whale.
\3\ While Orsted adjusted their requested take numbers for some species based on 10 less survey days or by
  utilizing a different data source, NMFS proposes to authorize the same amount of take as the initial IHA; as
  previously described.
\4\ The SARs stock abundance number at the time of issuance for the initial IHA was 368. The percent of
  population affected under the initial IHA was 4.62%. While the total number of proposed takes remains the same
  between the initial IHA and this proposed renewal, due to the decrease in the population abundance to 338
  (2022 SARs), the percent of the population affected would increase slightly to 5.03%.
\5\ While the original Federal Register publications for the initial IHA contained a typo of 17 takes by Level B
  harassment instead of the 52 requested and eventually authorized, the percent abundance affected provided in
  those publications was correct (0.13%) as that value had been correctly calculated using 52. Therefore, as the
  population abundance remains unchanged from the initial IHA, the correction in this proposed renewal notice of
  17 to 52 does not change the percent of the population proposed to be affected (0.13%).
\6\ Western North Atlantic, Offshore stock.

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 (87 FR 61575; October 12, 2022), and the discussion of the 
least practicable adverse impact determination included in that 
document remains applicable and accurate. All mitigation, monitoring, 
and reporting measures in the initial IHA are identical this proposed 
Renewal IHA and summarized below.
    <bullet> 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;
    <bullet> 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). Two PSOs will be on watch during nighttime operations;
    <bullet> Pre-Operation Clearance Protocols: Prior to initiating HRG 
survey activities, Orsted would implement a 30-minute pre-operation 
clearance period. If any marine mammals are detected within the 
Exclusion Zones prior to or during ramp-up, the HRG equipment would be 
shut down (as described below);
    <bullet> Shutdown Zones: If an HRG source is active and a marine 
mammal is observed within or entering a relevant shutdown zone, an 
immediate shutdown of the HRG survey equipment would be required. Note 
this shutdown requirement would be waived for certain genera of small 
delphinids and pinnipeds;
    <bullet> Vessel strike avoidance measures: Separation distances for 
large whales (500 m North Atlantic right whales and other ESA-listed 
marine mammals; 100 m for all other non-ESA listed baleen whales; 50 m 
all other marine mammals); restricted vessel speeds and operational 
maneuvers; and
    <bullet> Reporting: Orsted 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 (87 
FR 52515, August 26, 2022), 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 (87 FR 61575; October 12, 
2022) and none of the comments specifically pertained to the renewal of 
the initial IHA.

Preliminary Determinations

    The survey activities proposed by Orsted are identical to 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 number of takes proposed is equal to that authorized 
in the initial IHA. The potential effect of the proposed 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 the 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).

[[Page 62341]]

    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 2022 
SAR estimated abundance of the North Atlantic right whale stock. 
Specifically, NMFS is proposing to authorize 17 takes of North Atlantic 
right whales by Level B harassment only, and the impacts resulting from 
the project's activities are neither reasonably expected nor reasonably 
likely to adversely affect the stock through effects on annual rates of 
recruitment or survival. Additionally, approximately 5 percent of the 
stock abundance is proposed for take by Level B harassment.
    Based on the information and analysis contained here and in the 
referenced documents, including the consideration of the final 2022 
SARs, 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) Orsted's 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 7(a)(2) of the Endangered Species Act of 1973 (ESA; 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.
    NMFS Office of Protected Resources has authorized the incidental 
take of four species of marine mammals which are listed under the ESA 
(the North Atlantic right, fin, sei, and sperm whale) and has 
determined that these activities fall within the scope of activities 
analyzed in GARFO's programmatic consultation regarding geophysical 
surveys along the U.S. Atlantic coast in the three Atlantic Renewable 
Energy Regions (completed June 29, 2021; revised September 2021). The 
proposed Renewal IHA provides no new information about the effects of 
the action, nor does it change the extent of effects of the action, or 
any other basis to require reinitiation of consultation with NMFS 
GARFO; therefore, the ESA consultation has been satisfied for the 
initial IHA and remains valid for the Renewal IHA.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to Orsted for conducting marine site 
characterization surveys off New York to Massachusetts (Lease Areas 
OCS-A 0486, 0487, and 0500), effective from October 6, 2023 through 
October 5, 2024, provided the previously described mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed and initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the 
proposed Renewal IHA, and any other aspect of this notice. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: September 1, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-19508 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-22-P


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