11328 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

Coast closed areas. The area requested 

for experimental fishing includes the 

waters approximately 40 nautical miles 

north of Fort Pierce, FL, beginning at 

28° N. latitude and seaward of the Gulf 

Stream then continuing north and east 

seaward of the 100–fathom contour to 

the northern and eastern boundaries of 

the Charleston Bump closed area. In the 

Florida East Coast closed area, specific 

fishing areas would include waters 

between 28° and 30° N. latitude, 

seaward of the axis of the Gulf Stream, 

out to the boundary of the U.S. 

Exclusive Economic Zone (EEZ). In the 

Charleston Bump Closed Area, fishing 

activities would take place seaward of 

the 100-fathom contour to the northern 

and eastern boundaries of that closure. 

Under this application, target species 

would include swordfish, yellowfin 

tuna, albacore tuna, bigeye tuna, 

dolphin fish, pelagic and coastal sharks, 

and wahoo. All targeted catch (tunas, 

swordfish, and sharks) that can be 

legally landed would be harvested and 

sold by the vessel owners. Incidental 

catch of bluefin tuna would be landed 

consistent with existing regulations. 

Any mortalities of Atlantic Tunas 

Convention Act (ATCA) regulated 

species (i.e., tuna, and swordfish) and 

sharks would be counted against the 

appropriate quotas. Non-target species 

and protected resources (e.g., billfish 

and sea turtles) would be tagged and 

released alive, if possible. 

NMFS is aware of interactions with 

leatherback and loggerhead sea turtles 

that have occurred with PLL gear in 

these closed areas due to the natural 

distribution of sea turtles. Sea turtles 

can be entangled and/or hooked by PLL 

gear. If the EFP is issued, all mortality 

and interactions with protected 

resources would be counted against the 

Incidental Take Statement (ITS) 

established by the 2004 Biological 

Opinion for the PLL fishery. 

The applicant specifies that all 

participating vessels would comply 

with the following standards: (1) Leaded 

swivels on every leader placed 2–3 

fathoms above the hook, (2) use of 18/ 

0 circle hooks (up to 10 degree offset) 

and squid or mackerel baits when 

targeting swordfish, (3) use of 16/0 nonoffset circle hooks with squid or whole 

finfish bait when targeting tunas, and (4) 

possession of all mandatory equipment 

for safe handling and release of sea 

turtles and other non-target catch. The 

applicant would adhere to all existing 

regulations concerning deployment of 

PLL gear. 

The applicant is proposing that all 

fishing activities be monitored by 

Federal fisheries observers to provide 

data on longline gear configuration, 

target and incidental catch, and sea 

turtle interactions. NMFS currently 

collects this information on selected 

PLL vessels by the PLL Observer 

Program (POP). The applicant is also 

proposing that observers record all of 

the animals caught on each set and the 

location and water temperature 

corresponding to where each section of 

gear is set and hauled. Individual length 

measurements for all catch would be 

recorded in addition to weight for those 

animals landed. If the EFP is issued, 

NMFS would require that all data be 

submitted via the POP, as well as 

interim and annual reports to the Highly 

Migratory Species (HMS) Management 

Division, as required under the EFP 

program. The applicant states that this 

data would allow for comparisons of 

catch rates for target and bycatch 

species with historical catch data from 

this area and time of year to assess the 

effectiveness of recent changes in the 

PLL fishery (e.g., bait and hook 

requirements and safe handling and 

release gear). 

The applicant states that these 

activities may provide additional 

information on the efficacy of bycatch 

reduction measures and resultant catch 

composition in closed areas. It would 

also provide the U.S. PLL fleet with 

additional opportunities to catch more 

of its swordfish quota. 

NMFS closed the East Florida Coast 

and Charleston Bump time/area closures 

to PLL gear to reduce bycatch of 

juvenile swordfish, billfish, and other 

HMS (e.g., sharks during closed 

seasons)(65 FR 47214, August 1, 2000). 

The Charleston Bump Closed Area is a 

seasonal closure from February through 

April every year, whereas the East 

Florida Coast Closed Area is closed 

year-round to PLL gear. 

The regulations that would prohibit 

the proposed activities include 

requirements for vessel reporting (50 

CFR 635.4) and fishing in a closed area 

(50 CFR 635.21(c)(2)). All other relevant 

regulations concerning HMS at 50 part 

635 would apply. 

NMFS is requesting public comment 

on this application for an EFP because 

the fishing activities are proposed to 

occur in closed areas, specifically the 

East Florida Coast and Charleston 

Bump. NMFS requested public 

comment on its intent to issue HMS 

exempted fishing, scientific research, 

public display and chartering permits 

(71 FR 68557, November 27, 2006). The 

Notice stated that if NMFS were to 

receive an application to conduct 

fishing activities in a closed area, the 

public would have the opportunity to 

comment on the issuance of an EFP for 

such activities prior to NMFS making a 

determination on whether or not to 

issue the EFP. 

Authority: 16 U.S.C. 971 et seq. and 16 

U.S.C. 1801 et seq. 

Dated: March 8, 2207. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E7–4559 Filed 3–12–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 121406C] 

Small Takes of Marine Mammals 

Incidental to Specified Activities; 

Taking Marine Mammals Incidental to 

Construction and Operation of an LNG 

Facility Off Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of application 

and proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from Northeast Gateway 

Energy BridgeTM L.L.C. (Northeast 

Gateway) and Algonquin Gas 

Transmission, L.L.C. (Algonquin) for an 

Incidental Harassment Authorization 

(IHA) to take small numbers of marine 

mammals, by harassment, incidental to 

construction and operation of an 

offshore liquefied natural gas (LNG) 

facility. Under the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an authorization to Northeast 

Gateway/Algonquin to incidentally take, 

by harassment, small numbers of several 

species of marine mammals for a period 

of 1 year. 

DATES: Comments and information must 

be received no later than April 12, 2007. 

ADDRESSES: Written comments on the 

application should be addressed to: 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. The mailbox address for 

providing email comments is 

PR1.121406C@noaa.gov. Comments sent 

via e-mail, including all attachments, 

must not exceed a 10–megabyte file size. 

A copy of the application may be 

obtained by writing to this address or by 

telephoning the contact listed here and 

is also available at: http:// 


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Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 11329 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#iha. 

The Maritime Administration 

(MARAD) and U.S. Coast Guard (USCG) 

Final Environmental Impact Statement 

(Final EIS) on the Northeast Gateway 

Energy Bridge LNG Deepwater Port 

license application is available for 

viewing at http://dms.dot.gov under the 

docket number 22219. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Hollingshead, Office of 

Protected Resources, NMFS, (301) 713–

2289, ext 128. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking 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 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization shall be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for certain 

subsistence uses, and that the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ’’...an impact resulting from 

the specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45–

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On October 30, 2006, NMFS received 

an application from Northeast Gateway 

and Algonquin for an IHA to take small 

numbers of several species of marine 

mammals, by Level B (behavioral) 

harassment, for a period of 1 year, 

incidental to construction and operation 

of an offshore LNG facility. 

Description of the Project 

Northeast Gateway is proposing to 

construct, own, and operate the 

Northeast Gateway Deepwater Port (Port 

or Northeast Port) to import LNG into 

the New England region. The Port, 

which will be located in Massachusetts 

Bay, will consist of a submerged buoy 

system to dock specifically designed 

LNG carriers approximately 13 mi (21 

km) offshore of Massachusetts in federal 

waters approximately 270 to 290 ft (82 

to 88 m) in depth. 

This facility will deliver regasified 

LNG to onshore markets via new and 

existing pipeline facilities owned and 

operated by Algonquin. Algonquin will 

build and operate a new, 16.06–mile 

(25.8 km) long, 24–in (61–cm) diameter 

natural gas pipeline (called the 

Northeast Gateway Pipeline Lateral or 

Pipeline Lateral) to connect the Port to 

Algonquin’s existing offshore natural 

gas pipeline system in Massachusetts 

Bay, called the HubLine. 

The Port will consist of two subsea 

Submerged Turret Loading (STLTM) 

buoys, each with a flexible riser 

assembly and a manifold connecting the 

riser assembly, via a steel flowline, to 

the subsea Pipeline Lateral. Northeast 

Gateway will utilize vessels from its 

current fleet of specially designed 

Energy-Bridge Regasification Vessels 

(EBRVs), each capable of transporting 

approximately 2.9 billion ft3 (Bcf; 82 

million m3) of natural gas condensed to 

4.9 million ft3 (138,000 m3) of LNG. 

Northeast Gateway will add vessels to 

its fleet that will have a cargo capacity 

of approximately 151,000 m3. The 

proposed mooring system to be installed 

at the Port is designed to handle both 

the existing vessels and any of the larger 

capacity vessels that may come into 

service in the future. The EBRVs will 

dock to the STLTM buoys which will 

serve as both the single-point mooring 

system for the vessels and the delivery 

conduit for natural gas. Each of the 

STLTM buoys will be secured to the 

seafloor using a series of suction 

anchors and a combination of chain/ 

cable anchor lines. 

The Pipeline Lateral joins the existing 

HubLine pipeline in waters 

approximately 3 mi (4.8 km) to the east 

of Marblehead Neck in Marblehead, 

Massachusetts. From the HubLine 

connection, the Pipeline Lateral route 

extends towards the northeast, crossing 

the outer reaches of territorial waters of 

the Town of Marblehead, the City of 

Salem, the City of Beverly, and the 

Town of Manchester-by-the-Sea for 

approximately 6.3 mi (10.1 km). The 

Pipeline Lateral route curves to the east 

and southeast, exiting Manchester-bythe-Sea territorial waters and entering 

waters regulated by the Commonwealth 

of Massachusetts. The Pipeline Lateral 

route continues to the south/southeast 

for approximately 6.2 mi (10 km), where 

it exits state waters and enters federal 

waters. The Pipeline Lateral route then 

extends to the south for another 

approximately 3.5 mi (5.7 km), 

terminating at the Port. 

On June 13, 2005, Northeast Gateway 

submitted an application to the USCG 

and MARAD seeking a federal license 

under the Deep-Water Port Act to own, 

construct, and operate a deepwater port 

for the import and regasification of LNG 

in Massachusetts Bay, off of the coast of 

Massachusetts. Simultaneous with this 

filing, Algonquin filed a Natural Gas Act 

Section 7(c) application with the 

Federal Energy Regulatory Commission 

for a Certificate of Public Convenience 

and Necessity for the Pipeline Lateral 

that would connect the Northeast 

Gateway Port with the existing HubLine 

natural gas pipeline for transmission 

throughout New England. Because, as 

described later in this document, there 

is a potential for marine mammals to be 

taken, by harassment, incidental to 

construction of the facility and its 

pipeline and by the transport of LNG, 

Northeast Gateway/Algonquin have 

applied for a 1–year IHA for activities 

commencing around May, 2007. The 

following sections briefly describe the 

activities that might harass marine 

mammals. Detailed information on these 

activities can be found in the MARAD/ 

USCG Final EIS on the Northeast 

Gateway Project (see ADDRESSES for 

availability). 

Construction Activities 

Construction of the Pipeline Lateral 

and Northeast Gateway Port includes 

the installation of the ‘‘hot tap’’ on the 

existing HubLine pipeline; the lay, 

burial, and commissioning of the 

Pipeline Lateral commencing at the hot 

tap and extending to a location near the 


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11330 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

Northeast Port; and the installation of 

the Northeast Port buoys, risers, 

pipeline end manifolds (PLEMs), and 

flowlines. The Port and Pipeline Lateral 

will be constructed during the May to 

November, 2007 timeframe. 

Pipeline Construction 

In general, traditional marine pipeline 

construction vessels and equipment will 

be utilized to construct the Pipeline 

Lateral. The pipeline will be buried 

such that the top of the pipeline is a 

minimum of 1.5 ft (0.46 m) below the 

seabed with a target burial depth of 3 ft 

(.92 m). In limited areas and at any sites 

not feasible to plow due to unforeseen 

subsurface conditions, the pipeline will 

be laid on the surface and armored with 

rock or concrete mats. Pipeline 

trenching operations in the marine 

environment will cause a temporary resuspension of some bottom sediments 

off the seafloor and into the water 

column. The resulting sediment plumes 

are exposed to currents that have the 

potential to carry the plume short 

distances into the surrounding 

environment. Impacts to the water 

column, resulting from the presence of 

the sediment plume, are temporary and 

localized due to the nature of the 

plowing and backfill plowing activities, 

which are the least sediment-disturbing 

means of creating a trench for the 

pipeline and returning cover over the 

pipe in the trench. The spatial extent is 

also limited due to the short time period 

that material stays in the water column 

and rapid dilution in an open ocean 

setting. Jetting will only occur in short, 

discrete sections and will therefore only 

create localized and temporary plumes; 

however, these plumes would be more 

concentrated and larger than for 

plowing and backfill plowing. 

Delivery of pipe may require 

transiting through the Cape Cod Canal 

(Canal). If required, vessels will follow 

the westernmost route through Cape 

Cod Bay to avoid identified aggregations 

of whales in the eastern portion of Cape 

Cod Bay. To the extent practicable, pipe 

deliveries will be avoided during the 

January to May timeframe. In the 

unlikely event the Canal is closed 

during construction, the pipe haul 

barges would come around Cape Cod 

following the traffic separation scheme 

and appropriate measures agreed to for 

the EBRVs when transiting to the Port. 

The construction barges, which are 

used to fabricate and lay the pipeline on 

the seafloor, pull the pipeline plow 

along the laid pipeline, and pull the 

backfill plow along the trenched 

pipeline, will be positioned and 

advanced along the route using a series 

of anchors and cables. The anchors are 

positioned using anchor handling tugs, 

and mid-line buoys are used to help 

hold much of the cable off the seafloor. 

In addition to the barges and tugs, 

pipeline construction will require the 

use of pipe-haul barges pulled by tugs, 

crew and supply vessels, survey vessels, 

and dive support vessels (DSV). The 

types of vessels that are expected to be 

used in construction of the Pipeline 

Lateral are described in Table 1–1 in the 

IHA application. 

The operation of the Dynamically 

Positioned (DP) DSVs differs from the 

operation of the pipe lay/plow 

construction vessels in that this vessel 

will primarily hold its position at a 

single location. The vessel will 

periodically relocate from one position 

to another, but during the process of 

performing diving activities, the vessel 

is required to maintain its position at a 

single location. The DSV maintains its 

position or stationing with the use of 

thrusters. The importance of 

maintaining the position of the vessel 

cannot be compromised. As a DSV, most 

of its time will be spent providing the 

surface support for a diver or divers 

operating on the seabed. According to 

Northeast Gateway, the safety of the 

diver is paramount to the operation of 

the vessel and its station-keeping 

capabilities. 

In general, the DP vessels are fitted 

with three main types of thrusters: main 

propellers, tunnel thrusters, and 

azimuth thrusters. Main propellers, 

either single or twin screw, are provided 

in a similar fashion to conventional 

vessels. In addition to main propellers, 

a DP vessel must have well-positioned 

thrusters to control position. Typically, 

a conventional mono-hull type DP 

vessel will have six thrusters, three at 

the bow and three aft. Forward thrusters 

tend to be tunnel thrusters, operating 

athwart ships. Two or three tunnel 

thrusters are usually fitted in the bow. 

Stern tunnel thrusters are common, 

operating together but controlled 

individually, as are azimuth or compass 

thrusters aft. Azimuth thrusters project 

beneath the bottom of the vessel and can 

be rotated to provide thrust in any 

direction. 

Sounds generated by vessel and barge 

movements and the thrusters of DP 

vessels will be the dominant source of 

underwater sound during pipeline 

construction activities. Auxiliary 

equipment including onboard 

generators and compressors, winches, 

tensioners, cranes, pumps, and sonar 

and survey equipment are considered 

secondary in comparison, by at least one 

order of magnitude (Northeast Gateway, 

2006). The sound energy generated by 

onboard mechanical equipment is 

effectively dampened by the hull of the 

vessel, in comparison to thruster and 

propeller sounds, which are occurring 

directly in the water. Sounds generated 

by construction activity occurring above 

water, including impact sounds, are 

subject to a large transmission loss 

when moving across the water-air 

interface from the in-air source to the 

underwater receiver due to the 

impedance mismatch between these two 

fluids. 

Port Construction 

For each buoy, construction of the 

Northeast Port will involve the 

installation of the steel flowline section 

and eight mooring anchors, followed by 

installation of the PLEM, the STL buoy, 

and related parts. Conventional marine 

pipeline construction and installation 

techniques will be employed with 

consideration of site-specific conditions 

and requirements at the mooring 

locations. Northeast Gateway notes that 

development of the Gulf Gateway 

Deepwater Port and several projects in 

the North Sea, has provided them with 

extensive experience with these 

construction techniques. 

The proposed design for the STLTM

buoy incorporates eight mooring 

anchors in a spoked wheel-shaped array 

to hold the buoy in place. Final anchor 

placement will be accomplished using a 

DP anchor handling vessel. The 

preferred installation method for each of 

the STLTM buoys involves transporting 

the buoy from an onshore mobilization 

site and pre-connecting all eight wire 

rope segments to the buoy while it is 

onboard the DSV. The buoy is placed in 

the water and temporarily secured with 

synthetic lines to two of the mooring 

chains already deployed on the seafloor 

during the suction anchor installation. 

When all eight mooring lines are 

connected by divers, the buoy is 

released to float at its submerged draft. 

The PLEM will either be lowered and 

embedded similar to the method used to 

install the mooring anchors or lowered 

and placed on the seabed with 

penetration accomplished by the dead 

weight of the PLEM. The PLEM will be 

set in place by an anchor-moored 

derrick barge. The PLEM end of the riser 

will be lowered to the seafloor, where 

divers will attach it to the PLEM. 

The types of vessels that will be used 

in construction of the Port are described 

in Table 1–2 in the IHA application. 

Construction Noise 

As described in Section 1.1.1 of the 

IHA application, for the pipeline 

construction scenario, sounds generated 

by vessel and barge movements and the 

thrusters of DP vessels will be the 


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Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 11331 

dominant source of underwater sound 

during Port construction activities. 

Acoustic analyses were completed for 

activities related to construction of the 

Port and Pipeline Lateral. Activities 

considered potential noise sources 

include trenching (plowing and jetting 

at isolated locations), lowering of 

materials (pipe, anchors, chains, PLEM, 

and spool pieces), and vessel operations 

(engine-driven vessel movements or 

maintaining station by use of thrusters). 

Of these potential noise sources, vessel 

movements and thruster use for 

dynamic positioning are the dominant 

sources by at least one order of 

magnitude. Simulated vessels were 

positioned at two discrete locations 

along the proposed pipeline alignment 

closest to the Stellwagen Bank National 

Marine Sanctuary (SBNMS), as well as 

centered on the easterly Port buoy 

location. (See Appendix A of the IHA 

application for a discussion of the 

acoustic modeling methodology used for 

this analysis.) Figure 1–1 in the IHA 

application presents the results of the 

acoustic modeling for construction 

vessels operating at two depth locations 

along the Pipeline Lateral (40 m and 80 

m (131 ft and 262 ft)) with source levels 

ranging from 140 to 160 dBL re 1 

microPa at 1 m for construction vessel 

movements to 180 dBL re 1 microPa at 

1 m for vessel thrusters used for 

dynamic positioning (L means linear 

broadband levels). Because sound 

propagation depends on water depth, 

the isopleth distances will vary with 

construction activities occurring in 

shallower depths resulting in increased 

impact distances. Figure 1–2 in the IHA 

application shows a similar acoustic 

impact analysis of construction vessels 

operating simultaneously at the Port 

with the same estimated construction 

source levels. The resultant contour 

plots (shown in Figure 1–2) present the 

worst-case instantaneous received 

sound level, the dominant source being 

the use of vessel thrusters. 

Thrusters used during construction 

activities are operated intermittently 

and only for short durations of time. For 

a water column depth of 80 m (262 ft), 

representative of the immediate area 

near the Deepwater Port, the linear 

distance to the 120 dBL isopleth would 

extend 2.56 km (1.6 mi), resulting in an 

area ≤ 120 dBL ensonification of 20.6 

km2. For a water column depth of 40 m 

(131 ft), representative of northern 

sections of the Pipeline Lateral, the 

linear distance to the 120 dBL isopleth 

is 3.31 km (2.0 mi) resulting in an area 

of esonification ≥120 dB of 34.4 km2. 

The non-continuous short-term sounds 

generated by construction of the 

Pipeline Lateral will be above 120 dB, 

where there is a potential for Level B 

harassment from intermittent sound 

sources. Sound levels in excess of the 

160 dB impulse criteria (defined as a 

brief sound with a fast rise time) will be 

very localized and will not extend 

beyond the immediate area where 

construction activities are occurring for 

both the Pipeline Lateral and Deepwater 

Port construction scenarios. 

Operations 

As an EBRV makes its final approach 

to the Port, vessel speed will gradually 

be reduced to 3 knots (5.5 km/hr) at 1.86 

mi (3 km) out to less than 1 knot (1.8 

km/hr) at a distance of 1,640 ft (500 m) 

from the Port. When an EBRV arrives at 

the Port, it will retrieve one of the two 

permanently anchored submerged 

STLTM buoys. It will make final 

connection to the buoy through a series 

of engine and bow and stern thruster 

actions. The EBRV will require the use 

of thrusters for dynamic positioning 

during docking procedure. Typically, 

the docking procedure is completed 

over a 10- to 30–min period, with the 

thrusters activated as necessary for short 

periods of time in second bursts, not a 

continuous sound source. Once 

connected to the buoy, the EBRV will 

begin vaporizing the LNG into its 

natural gaseous state using the onboard 

regasification system. As the LNG is 

regasified, natural gas will be 

transferred at pipeline pressures off the 

EBRV through the STLTM buoy and 

flexible riser via a steel flowline leading 

to the connecting Pipeline Lateral. 

When the LNG vessel is on the buoy, it 

will be allowed to ‘‘weathervane’’ on the 

single-point mooring system (i.e., move 

with wind and water currents); 

therefore, thrusters will not be used to 

maintain a stationary position. 

Port Operation Noise 

Underwater sound generated during 

Port operation is limited to 

regasification and EBRV maneuvering 

during coupling and decoupling with 

STL buoys. Sound propagation 

calculations (see section 1.1.3 of 

Northeast Gateway’s IHA application for 

methodology and acoustic concepts) 

used source data including 

measurements collected on August 6 to 

9, 2006, from the Excelsior EBRV while 

it was moored at the operational Gulf 

Gateway Deepwater Port located 116 mi 

(187 km) offshore in the Gulf of Mexico. 

The overall purpose of this survey was 

to verify measurements completed 

during the first sound survey completed 

March 21 to 25, 2005, when the 

Excelsior first visited the Port, and to 

further document sound levels during 

additional operational and EBRV 

maneuvering conditions, including the 

use of stern and bow thrusters required 

for dynamic positioning during 

coupling. The data were used to confirm 

theoretical calculations employed in 

supplemental submittals (for the USCG 

Draft EIS on this action) to assess sound 

energy generated during closed-loop 

versus open-loop regasification 

operations. In addition to normalizing 

complex sound components into source 

terms, data were used to confirm EBRV 

sound source energy generation and 

propagation characteristics, and the 

identification of near field and far sound 

fields under different operating and 

EBRV maneuvering procedures. These 

data were used to model underwater 

sound propagation at the Northeast 

Gateway site. The results of the field 

survey are provided as underwater 

sound source pressure levels (dB re 1 

microPA at 1 m) as follows: 

(1) Sound levels during closed-loop 

regasification ranged from 104 to 110 

dBL. Maximum levels during steady 

state operations were 108 dBL. 

(2) Sound levels during coupling 

operations were dominated by the 

periodic use of the bow and stern 

thrusters and ranged from 160 to 170 

dBL. 

Figures 1–3 and 1–4 in the IHA 

application present the net acoustic 

impact of one EBRV operating at the 

Deepwater Port. Figure 1–3 in the IHA 

application presents the maximum 

received underwater sound levels 

impact during closed-loop EBRV 

regasification with a steady-state source 

level of 108 dBL re 1 microPa at 1 m. 

As shown in those figures, there is no 

area of ensonification above 120–dBL, 

where Level B harassment could 

potentially occur from intermittent 

sound sources. Figure 1–4 in the IHA 

application presents maximum 

underwater sound levels during EBRV 

maneuvering and coupling using a 

source level of 170 dBL re 1 microPa at 

1 m (thrusters used for dynamic 

positioning). Thrusters are operated 

intermittently and only for relatively 

short durations of time. The resultant 

area within the critical 120–dB isopleth 

is less than 1 km2 with the linear 

distance from the sound source to the 

critical isopleths extending 430 m 

(1,411 ft). The area of the 160–dB 

isopleth is very localized; it will not 

extend beyond the immediate area 

surrounding the EBRV while coupling 

operations are occurring. 

Maintenance 

The specified design life of the Port is 

about 40 years, with the exception of the 

anchors, mooring chain/rope, and riser/ 

umbilical assemblies, which are based 


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on a maintenance-free design life of 20 

years. The buoy pick-up system 

components are considered consumable 

and will be inspected following each 

buoy connection, and replaced (from 

inside the STL compartment during the 

normal cargo discharge period) as 

deemed necessary. The underwater 

components of the Deepwater Port will 

be inspected once yearly using either 

divers or remotely operated vehicles to 

inspect and record the condition of the 

various STLTM system components. 

These activities will be conducted using 

the Port’s normal support vessel, and to 

the extent possible will coincide with 

planned weekly visits to the Port. 

Helicopters will not be used for marker 

line maintenance inspections. Northeast 

Gateway concludes that no noise 

sources related to the Project are likely 

to exceed ambient conditions during 

routine maintenance activities. 

Marine Mammals Affected by the 

Activity 

Marine mammal species that 

potentially occur within the NE 

Gateway facility impact area include 

several species of cetaceans and 

pinnipeds: Atlantic white-sided 

dolphin, bottlenose dolphin, shortbeaked common dolphin, harbor 

porpoise, killer whale, long-finned pilot 

whale, Risso’s dolphin, striped dolphin, 

white-beaked dolphin, sperm whale, 

minke whale, blue whale, humpback 

whale, North Atlantic right whale, sei 

whale, gray seal, harbor seal, hooded 

seal, and harp seal. Information on those 

species that may be impacted by this 

activity are discussed in detail in the 

USCG Final EIS on the Northeast 

Gateway LNG proposal. Please refer to 

that document for more information on 

these species and potential impacts 

from construction and operation of this 

LNG facility. In addition, general 

information on these marine mammal 

species can also be found in Wursig et 

al. (2000) and in the NMFS Stock 

Assessment Reports (Waring, 2006). 

This latter document is available at: 

http://www.nefsc.noaa.gov/nefsc/ 

publications/tm/tm194/. 

Potential Effects on Marine Mammals 

The effects of noise on marine 

mammals are highly variable, and can 

be categorized as follows (based on 

Richardson et al., 1995): (1) The noise 

may be too weak to be heard at the 

location of the animal (i.e., lower than 

the prevailing ambient noise level, the 

hearing threshold of the animal at 

relevant frequencies, or both); (2) The 

noise may be audible but not strong 

enough to elicit any overt behavioral 

response; (3) The noise may elicit 

reactions of variable conspicuousness 

and variable relevance to the well being 

of the marine mammal; these can range 

from temporary alert responses to active 

avoidance reactions such as vacating an 

area at least until the noise event ceases; 

(4) Upon repeated exposure, a marine 

mammal may exhibit diminishing 

responsiveness (habituation), or 

disturbance effects may persist; the 

latter is most likely with sounds that are 

highly variable in characteristics, 

infrequent and unpredictable in 

occurrence, and associated with 

situations that a marine mammal 

perceives as a threat; (5) Any 

anthropogenic noise that is strong 

enough to be heard has the potential to 

reduce (mask) the ability of a marine 

mammal to hear natural sounds at 

similar frequencies, including calls from 

conspecifics, and underwater 

environmental sounds such as surf 

noise; (6) If mammals remain in an area 

because it is important for feeding, 

breeding or some other biologically 

important purpose even though there is 

chronic exposure to noise, it is possible 

that there could be noise-induced 

physiological stress; this might in turn 

have negative effects on the well-being 

or reproduction of the animals involved; 

and (7) Very strong sounds have the 

potential to cause temporary or 

permanent reduction in hearing 

sensitivity. In terrestrial mammals, and 

presumably marine mammals, received 

sound levels must far exceed the 

animal’s hearing threshold for there to 

be any temporary threshold shift (TTS) 

in its hearing ability. For transient 

sounds, the sound level necessary to 

cause TTS is inversely related to the 

duration of the sound. Received sound 

levels must be even higher for there to 

be risk of permanent hearing 

impairment. In addition, intense 

acoustic (or explosive events) may cause 

trauma to tissues associated with organs 

vital for hearing, sound production, 

respiration and other functions. This 

trauma may include minor to severe 

hemorrhage. 

Northeast Gateway states that the 

potential impacts to marine mammals 

associated with sound propagation from 

vessel movements, pipe laying and 

installation of the Port, anchors, chains 

and PLEMs could be the temporary and 

short-term displacement of seals and 

whales from within the 120–dB zones 

ensonified by these noise sources. 

However, from the most precautionarily 

conservative estimates of both marine 

mammal densities in the Project area 

and the size of the 120–dB zone of 

(noise) influence (ZOI), the calculated 

number of individual marine mammals 

for each species that could potentially 

be harassed annually is: one right whale 

(1.23), seven dolphins, and three seals. 

Consequently, Northeast Gateway/ 

Algonquin do not believe construction 

and operation of the Northeast Gateway 

Deepwater Port Project would constitute 

a population level harassment threat to 

local marine mammal stocks, but could 

result in small numbers of individual 

marine mammals being harassed as 

enumerated in this document. 

Estimates of Take by Harassment 

There are three general kinds of 

sounds recognized by NMFS: 

continuous (such as shipping sounds), 

intermittent (such as vibratory pile 

driving sounds), and impulse. No 

impulse noise activities, such as 

blasting or standard pile driving, are 

associated with this project, thus NMFS’

160–dB threshold criterion for 

estimating Level B harassment from 

impulse sounds is not applicable for 

this activity. The noise sources of 

potential concern are regasification/ 

offloading (which is a continuous 

sound) and dynamic positioning of 

vessels using thrusters (an intermittent 

sound). Based on research by Malme et 

al. (1983, 1984), for both continuous 

and intermittent sound sources, Level B 

harassment is presumed to begin at 120–

dB. 

None of the continuous sound sources 

associated with construction or 

operation of the Northeast Gateway 

Project is expected to exceed the 120–

dB threshold for Level B harassment. 

However, the intermittent noises from 

thruster use associated with dynamic 

positioning of vessels during either 

construction or operation (docking) may 

occasionally exceed this 120–dB 

threshold. Consequently, thruster use 

has the potential for a ‘‘take’’ by 

harassment of any marine mammal 

occurring with a zone of ensonification 

(greater than 120 dB) emanating from 

the sound source. This area, known as 

the ZOI, has a variable maximum radius 

dependent on water depth and 

associated differences in transmission 

loss (see Sections 1.1.3 and 1.2.1 in the 

IHA application for more detail): 

• For shallow-water depths (40 m 

(131 ft)) representative of the northern 

segment of the Pipeline Lateral 

construction, the 120–dB radius is 3.31 

km (2 mi)and associated ZOI is 34 km2. 

• For moderate depths (80 m (262 ft)) 

representative of the Deepwater Port 

location and Pipeline Lateral segment 

nearest SBNMS, the 120–dB radius is 

2.56 km (1.6 mi) and associated ZOI is 

21 km2. 

• For deeper depths (120 m (394 ft)) 

representative of the deepest waters of 


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the Project analysis area, the radius is 

2.18 km (1.4 mi) and associated ZOI is 

15 km2. 

The basis for Northeast Gateway’s 

‘‘take’’ estimate is the number of marine 

mammals that would be exposed to 

sound levels in excess of 120 dB. 

Typically this is determined by 

multiplying the ZOI by local marine 

mammal density estimates, and then 

correcting for seasonal use by marine 

mammals, seasonal duration of noisegenerating activities, and estimated 

duration of individual activities when 

the maximum noise-generating activities 

are intermittent or occasional. In the 

case of data gaps, a conservative 

approach was taken by Northeast 

Gateway to ensure the potential number 

of takes is not underestimated, as 

described next. 

There are no valid marine mammal 

density estimates for the actual 

Northeast Gateway Project area. Studies 

in the nearest area (approximately 20 to 

30 km (12 to 19 mi) south) where 

intensive marine mammal surveys have 

occurred (Cape Cod Bay) focused on 

individual right whales; no density 

estimates were calculated for other 

marine mammals. However, these Cape 

Cod Bay surveys, conducted by the 

Provincetown Center for Coastal 

Studies, involved a 100 percent survey 

coverage of the 1,500 km2 Bay (flying 

1.5 km-wide strip transects) every 2 

weeks from January to May for the years 

2002 to 2005 (Brown et al. 2002, 2003; 

Mayo et al. 2004; Jaquet et al. 2005). 

Consequently, density estimates can be 

calculated by dividing the number of 

animals of each species recorded by the 

total trackline surveyed from 2002 

through 2005 (57,500 km (35,729 mi)), 

then correcting for animals not at the 

surface (roughly 30 percent for species 

potentially subject to harassment by this 

activity). 

Table 6–1 in the IHA application 

provides corrected density estimates 

from the Cape Cod Bay studies. Because 

of the intensity of these studies, the near 

location of these studies to the 

Deepwater Port Project, and bathymetric 

similarity of the Project area and Cape 

Cod Bay, animal density data from Cape 

Cod Bay provide an adequate and 

conservative surrogate for marine 

mammals expected to inhabit the 

Project area. The Cape Cod Bay studies 

did not record gray seals during their 

aerial surveys, but they did record 352 

unidentified seals, some of which may 

be gray seals. Also, many of the 969 

harbor seals recorded during the surveys 

were presumably hauled out in large 

groups. Similarly, while 343 Atlantic 

white-sided dolphins and 83 common 

dolphins were recorded, 2,875 

unidentified dolphins were also 

recorded; these were presumably either 

white-sided or common dolphins 

(because no other delphinid species 

were recorded), but the exact identity of 

these individuals was not determined. 

Thus, in a conservative attempt to 

ensure any given species is not 

underestimated, the unidentified seal 

numbers were added to both the harbor 

seal and gray seal numbers, and the 

unidentified dolphin numbers were 

added to both white-sided dolphins and 

common dolphin numbers in the 

density calculations. 

Although sound transmission loss, 

and therefore the ZOI, varies with water 

depth, Northeast Gateway provided the 

most conservative estimate of ‘‘take’’ by 

using the largest ZOI (34 km2) in their 

calculations. Table 6–1 in the IHA 

application provides their estimate of 

the number of marine mammals that 

could be harassed over the 1–year 

period for the proposed project’s IHA. 

Potential Impact on Habitat 

Construction 

Construction of the Port and Pipeline 

Lateral will alter marine mammal 

habitat in several ways: disturbance of 

the seafloor, removal of sea water for 

hydrostatic testing, and generation of 

additional underwater noise. Although 

approximately 1,042 acres of seafloor 

(43 acres for the Port; 999 acres for the 

Pipeline Lateral) will be disturbed 

during construction, the majority of this 

impact will be temporary. Seafloor 

disturbance will include plowing to 

construct a trench for the pipeline. The 

pipelay and plow vessels will be 

maneuvered using a multi-point anchor 

system. Although the anchor system 

will include mid-line buoys to minimize 

cable sweep of the seafloor, 

approximately 814 acres may be 

temporarily affected. Crossing of two 

existing cables will require armoring, a 

change in substrate conditions in an 

area about 0.14 acres in size. 

Once the lateral and flowlines are 

installed, about 3,100,000 gallons of sea 

water will be withdrawn to be used for 

hydrostatic testing. This volume is small 

compared to the volume of 

Massachusetts Bay. Although the sea 

water will be returned to the 

environment, the associated plankton 

will be unlikely to survive. As 

circulation patterns in the Bay ensure 

that plankton will be transported into 

the Project area continuously, this 

hydrostatic test will not affect the 

sustainability of the plankton 

communities in the Bay. 

Construction of the Port and Pipeline 

Lateral will result in a reduction of 

benthic productivity in the Project 

footprint. Once the disturbance ceases, 

the substrate will be available for 

recruitment of benthic organisms. As 

some of the substrate will be converted 

from soft to artificial hard substrate, the 

soft-bottom benthic community may be 

replaced with organisms associated with 

naturally occurring hard substrate, such 

as sponges, hydroids, bryozoans, and 

associated species. In other areas, reestablishment of a benthic community 

similar to that in adjacent areas is 

expected to take a period of weeks to 

several years. 

Operations 

Operation of the Port and Pipeline 

Lateral will result in long-term effects 

on the marine environment, including 

alteration of seafloor conditions, 

continued disturbance of the seafloor, 

regular withdrawal of sea water, and 

regular generation of underwater noise. 

A small area (0.14 acre) along the 

Pipeline Lateral will be permanently 

altered (armored) at two cable crossings. 

In addition, the structures associated 

with the Port (flowlines, mooring wire 

rope and chain, suction anchors, and 

PLEMs) will occupy 4.8 acres of 

seafloor. An additional area of the 

seafloor of up to 38 acres will be subject 

to disturbance due to chain sweep while 

the buoys are occupied. The benthic 

community in the up-to 38 acres of soft 

bottom that may be swept by the anchor 

chains while EBRVs are docked will 

have limited opportunity to recover, so 

this area will experience a long-term 

reduction in benthic productivity. 

Each EBRV will require the 

withdrawal of an average of 4.97 million 

gallons per day of sea water for general 

ship operations during its 8–day stay at 

the Port. As with hydrostatic testing, 

plankton associated with the sea water 

will not likely survive this activity. 

Based on densities of plankton in 

Massachusetts Bay, it is estimated that 

sea water use during operations will 

consume, on a daily basis, about 3–200 

x 1,010 phytoplankton cells (about 

several hundred grams of biomass), 6.5 

x 108 zooplankters (equivalent to about 

1.2 kg of copepods), and on the order of 

30,000 fish eggs and 5,000 fish larvae. 

Also, the daily removal of sea water will 

reduce the food resources available for 

planktivorous organisms. However, the 

removal of these species is minor and 

unlikely to affect in a measurable way, 

the food sources available to marine 

mammals. 


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11334 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 

Marine Mammal Mitigation, 

Monitoring and Reporting 

Port Construction Measures 

Proposed Visual Program 

The Northeast Gateway Project will 

employ two qualified marine mammal/ 

sea turtle observers on each lay barge, 

bury barge, and DSV for visual 

shipboard surveys during construction 

activities. Qualifications for these 

individuals will include direct field 

experience on a marine mammal/sea 

turtle observation vessel and/or aerial 

surveys in the Atlantic Ocean/Gulf of 

Mexico. The observers (one primary and 

one secondary) are responsible for 

visually locating marine mammals and 

sea turtles at the ocean’s surface and, to 

the extent possible, identifying the 

species. The primary observer will act 

as the identification specialist and the 

secondary observer will serve as data 

recorder and also assist with 

identification. Both observers will have 

responsibility for monitoring for the 

presence of marine mammals and sea 

turtles. All observers will receive 

NMFS-approved marine mammal 

observer training and be approved in 

advance by NMFS after a review of their 

resume. 

The shipboard observers will monitor 

the construction area beginning at 

daybreak using 25x power binoculars 

and/or hand-held binoculars, resulting 

in a conservative effective search range 

of 0.5 mile during clear weather 

conditions for the shipboard observers. 

The observer will scan the ocean surface 

by eye for a minimum of 40 minutes 

every hour. All sightings will be 

recorded on marine mammal field 

sighting logs. Observations of marine 

mammals and sea turtles will be 

identified to species or the lowest 

taxonomic level and their relative 

position will be recorded. 

During construction, the following 

procedures will be followed upon 

detection of a marine mammal or sea 

turtle within 0.5 mi (0.8 km) of the 

construction vessels: 

(1) If any marine mammals or sea 

turtles are visually detected within 0.5 

mi (0.8 km) of the construction vessel, 

the vessel superintendent or on-deck 

supervisor will be notified immediately. 

The vessel’s crew will be put on a 

heightened state of alert. The marine 

mammal will be monitored constantly 

to determine if it is moving toward the 

construction area. The observer is 

required to report all North Atlantic 

right whale sightings to NMFS, as soon 

as possible. 

(2) Construction vessel(s) in the 

vicinity of the sighting will be directed 

to cease any movement and/or stop 

noise emitting activities that exceed a 

source level of 120 dB in the event that 

a right whale comes to within 500 yds 

(457 m) of any operating construction 

vessel. For other cetaceans and sea 

turtles this distance will be established 

at 100 yds (91 m). Vessels transiting the 

construction area such as pipe haul 

barge tugs will also be required to 

maintain these separation distances. 

(3) Construction will resume after the 

marine mammal/sea turtle is positively 

reconfirmed outside the established 

zones (either 500 yds (457 m) or 100 yds 

(91 m), depending upon species). 

Passive Acoustic Monitoring (PAM) 

Program 

In their IHA application, Northeast 

Gateway and Algonquin noted that they 

had engaged personnel from NMFS 

regarding available passive acoustic 

technology that could be utilized to 

enhance their monitoring Program. 

Northeast Gateway plans to continue its 

discussions and consultations with 

NMFS personnel to develop the 

appropriate level of inclusion of this 

technology. At the suggestion of NMFS, 

Northeast Gateway has engaged 

personnel from the Cornell University 

Bioacoustics Laboratory and the Woods 

Hole Oceanographic Institute as 

consulting partners to assist with the 

development of a passive acoustic 

system. 

More recently, a PAM program has 

been proposed to be implemented at the 

Northeast Gateway facility. A discussion 

on that program is provided later in this 

document (see MARAD Record of 

Decision). 

Reporting 

During construction, weekly status 

reports will be provided to NMFS 

utilizing standardized reporting forms. 

In addition, the Northeast Port Project 

area is within the Mandatory Ship 

Reporting Area (MSRA), so all 

construction and support vessels will 

report their activities to the mandatory 

reporting section of the USCG to remain 

apprised of North Atlantic right whale 

movements within the area. All vessels 

entering and exiting the MSRA will 

report their activities to 

WHALESNORTH. 

Port Operation Measures 

All individuals onboard the EBRVs 

responsible for the navigation and 

lookout duties on the vessel will receive 

training, a component of which will be 

training on marine mammal sighting/ 

reporting and vessel strike avoidance 

measures. Crew training of EBRV 

personnel will stress individual 

responsibility for marine mammal 

awareness and reporting. 

If a marine mammal or sea turtle is 

sighted by a crew member, an 

immediate notification will be made to 

the Person-in-Charge on board the 

vessel and the Northeast Port Manager, 

who will ensure that the required 

reporting procedures are followed. 

The Northeast Gateway Port Project 

area is within the MSRA, so, similar to 

construction vessels, all EBRVs 

transiting to and from the MSRA will 

report their activities to the mandatory 

reporting section of the USCG to remain 

apprised of North Atlantic right whale 

movements within the area. All vessels 

entering and exiting the MSRA will 

report their activities to 

WHALESNORTH. Vessel operators will 

contact the USCG by standard 

procedures. As part of the Deepwater 

Port docking process, EBRV speed will 

gradually be reduced to approximately 3 

knots (5.5 km/hr) at 1.86 mi (2.99 km) 

out from the Northeast Port and to less 

than 1 knot (1.8 km/hr) at a distance of 

1,640 ft (500 m) from the Northeast Port. 

MARAD Record of Decision 

On February 7, 2007, MARAD issued 

its Record of Decision on the Deepwater 

Port License Application of Northeast 

Gateway Energy Bridge LLC. In that 

document, MARAD listed additional 

measures designed to reduce impacts on 

North Atlantic right whales. These 

measures, which are also described in 

NMFS’ Biological Opinion on this 

action, include: 

Detection Buoys in Boston Traffic 

Separation Scheme (TSS): Ten nearreal-time acoustic detection buoys are to 

be located in the Boston TSS and should 

remain there at the expense of the 

licensee (or licensees) for the life of the 

deepwater port (subject to alternative 

technologies that would be approved by 

NOAA). A cost/benefit analysis that 

evaluates the effectiveness of these 

mitigation measures will be conducted 

at periodic intervals. Specific speed, 

visual awareness, and reporting 

provisions will be included in the 

Operations Manual. 

Use of Boston TSS: Northeast 

Gateway has voluntarily committed to 

using the Boston TSS on its approach to 

and departure from the deepwater port 

at the earliest practicable point of transit 

(subject to appropriate discretion of the 

ship’s captain to respond to safety 

concerns or for safety reasons or exigent 

circumstances) to lower the risk of 

whale strikes. 

Speed Restrictions: Northeast 

Gateway has voluntarily agreed to 

follow any speed restrictions that may 

become mandatory for all vessel traffic 


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Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Notices 11335 

and to follow the proposed seasonal 

restrictions that may be adopted by 

regulation. EBRVs and support vessels 

will reduce travel speeds to 10 knots 

(18.5 km/hr) maximum when transiting 

to/from the deepwater port outside the 

TSS; vessels will travel at speeds of 10 

to 12 knots (18.5–22 km/hr)(or less) in 

the vicinity of the deepwater port. 

EBRVs will reduce their transit speeds 

to 10 to 14 knots (18.5–26 km/hr)(10 

knots between March 1 and April 30) or 

if required by NMFS, throughout the 

entire year in the proposed Off Race 

Point North Atlantic Right Whale Ship 

Strike Management Zone. 

Detection Buoys for Construction: 

Northeast Gateway will install and 

operate an array of six near-real-time 

acoustic detection buoys to localize 

vocally active marine mammals relative 

to construction-related sound sources. 

Noise Monitoring: Northeast Gateway 

will install and operate an array of 

autonomous recording units to monitor 

and evaluate underwater sound output 

from the project before construction and 

for at least five years of port operation. 

Protected Species: Avoidance 

Measures: Northeast Gateway will 

consult with NOAA (NMFS and the 

SBNMS) on harm avoidance for 

protected marine species and resources 

to include operating restrictions, 

equipment noise reduction, minimizing 

risk of entanglement, monitoring, 

training, and reporting requirements. 

Construction Restrictions: Northeast 

Gateway will restrict construction 

activities to the period between May 1 

and November 30 so that acoustic sound 

disturbance to the endangered North 

Atlantic right whale can largely be 

avoided. Wherever practicable, 

Northeast Gateway should integrate 

studies, research, or surveys into 

construction or operations that 

maximize detection of whales and sea 

turtles and better determine direct 

effects of port operations. 

Endangered Species Act (ESA) 

On February 5, 2007, NMFS 

concluded consultation with MARAD 

and the USCG, under section 7 of the 

ESA, on the proposed construction and 

operation of the Northeast Gateway LNG 

facility. The finding of that consultation 

was that the construction and operation 

of the Northeast Gateway LNG terminal 

may adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales and 

Kemp’s ridley, loggerhead, green or 

leatherback sea turtles. Because the 

issuance of an IHA to Northeast 

Gateway under section 101(a)(5) of the 

MMPA is a Federal action, NMFS has 

section 7 responsibilities for its action. 

Consultation on the NMFS action will 

be concluded prior to its determination 

on the issuance of an IHA to Northeast 

Gateway. 

National Environmental Policy Act 

MARAD and the USCG released a 

Final EIS/Environmental Impact Report 

(EIR) for the proposed Northeast 

Gateway Port and Pipeline Lateral. A 

notice of availability was published by 

MARAD on October 26, 2006 (71 FR 

62657). The Final EIS/EIR provides 

detailed information on the proposed 

project facilities, construction methods 

and analysis of potential impacts on 

marine mammal. The Final EIS/EIR is 

incorporated as part of the MMPA 

record of decision on this action. 

NMFS was a cooperating agency (as 

defined by the Council on 

Environmental Quality (40 CFR 1501.6)) 

in the preparation of the Draft and Final 

EISs. NMFS is currently reviewing the 

Final EIS and will either adopt it or 

prepare its own NEPA document before 

making a determination on the issuance 

of an IHA for the Northeast Gateway 

Project. 

Preliminary Determinations 

NMFS has preliminarily determined 

that the impact of construction and 

operation of the Northeast Gateway Port 

Project may result, at worst, in a 

temporary modification in behavior of 

small numbers of certain species of 

marine mammals that may be in close 

proximity to the Northeast Gateway 

LNG facility and associated pipeline 

during its construction and subsequent 

operation. These activities are expected 

to result in some local short-term 

displacement resulting in no more than 

a negligible impact on the affected 

species or stocks of marine mammals. 

This preliminary determination is 

supported by measures described in this 

document under ‘‘Marine Mammal 

Mitigation, Monitoring and Reporting,’’

and MARAD’s Record of Decision (and 

NMFS’ Biological Opinion on this 

action). 

As a result of the described mitigation 

measures, no take by injury or death is 

requested, anticipated or proposed to be 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very unlikely due to the 

relatively low noise levels (and 

consequently small zone of impact) and 

would be avoided through the 

incorporation of the proposed shutdown mitigation measures mentioned in 

this document. 

While the number of marine 

mammals that may be harassed will 

depend on the distribution and 

abundance of marine mammals in the 

vicinity of the Port construction and 

operations, the estimated number of 

marine mammals to be harassed is 

small. 

Proposed Authorization 

NMFS proposes to issue an IHA to 

Northeast Gateway and Algonquin for 

the taking (by Level B harassment) 

during construction and operation of the 

Northeast Gateway Port, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. NMFS has 

preliminarily determined that the 

proposed activity would result in the 

harassment of small numbers of marine 

mammals; and would have no more 

than a negligible impact on the affected 

marine mammal stocks. 

Information Solicited 

NMFS requests interested persons to 

submit written comments and 

information concerning this proposed 

IHA and the IHA application from 

Northeast Gateway (see DATES and 

ADDRESSES). 

Dated: March 7, 2007. 

Angela Somma, 

Acting Director,Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–4538 Filed 3–12–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 030507D] 

Schedules for Atlantic Shark 

Identification Workshops and 

Protected Species Safe Handling, 

Release, and Identification Workshops 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public workshops 

SUMMARY: NMFS announces Atlantic 

Shark Identification Workshops and 

Protected Species Safe Handling, 

Release, and Identification Workshops 

to be held in April, May, and June of 

2007. These workshops provide 

certification opportunities and are 

required for fishermen and shark dealers 

to meet new regulatory requirements 

and maintain valid permits. The 

Atlantic Shark Identification Workshops 

are mandatory for all federally 

permitted Atlantic shark dealers. The 

Protected Species Safe Handling, 


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