Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 753 

data and information for managers to 

effectively conserve coral reefs for 

current and future generations. 

The purpose of this information 

collection is to obtain human 

dimensions information from residents 

in the seven United States (U.S.) 

jurisdictions containing coral reefs: 

Florida, U.S. Virgin Islands (USVI), 

Puerto Rico, Hawai’i, American Samoa, 

Guam, and the Commonwealth of the 

Northern Mariana Islands (CNMI). 

Specifically, NOAA is seeking 

information on the behaviors and 

activities related to coral reefs, as well 

as information on perceptions of coral 

reef conditions and attitudes toward 

specific reef conservation activities. 

Each survey has a core set of questions 

that are asked across all jurisdictions to 

allow for information to be tracked over 

time and across jurisdictions. To 

account for geographical, cultural and 

linguistic differences between 

jurisdictions, the survey questions 

include items that are specific to the 

local context and developed based on 

jurisdictional partner feedback. 

We intend to use the information 

collected through this instrument for 

research purposes, as well as for 

measuring and improving the results of 

our reef protection programs. Because 

many of our efforts to protect reefs rely 

on education and changing attitudes 

toward reef protection, the information 

collected will allow CRCP to ensure that 

programs are designed appropriately at 

the start, future program evaluation 

efforts are as successful as possible, and 

outreach efforts are targeting the 

intended recipients with useful 

information. 

Pursuant to a request from the Office 

of Management and Budget (OMB), this 

collection of information was 

restructured in 2021 as a hybrid-generic 

collection. That structure is maintained 

herein. 

II. Method of Collection 

Information will be collected using 

the most efficient and effective 

methodology that is feasible in the 

individual jurisdiction. Dependent upon 

the jurisdiction, data will be collected 

via in-person or mail recruitment, inperson interviews, and/or push-to-web 

online survey platforms. For the three 

years covered by this clearance, data 

collection will target the USVI, Florida, 

and Hawai’i and will be collected as 

such: in-person interviews with an 

online option in the USVI and via mail 

push-to-web in Florida and Hawai’i. 

III. Data 

OMB Control Number: 0648–0646. 

Form Number(s): None. 

Type of Review: Regular submission. 

Revision and extension to a currently 

approved information collection. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

9,840. 

Estimated Time per Response: 20 

minutes per response. 

Estimated Total Annual Burden 

Hours: 469 hours. 

Estimated Total Annual Cost to 

Public: $0 in recordkeeping/reporting 

costs. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Coral Reef 

Conservation Act of 2000, 16 U.S.C. 

6401 et seq. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this information 

collection request. Before including 

your address, phone number, email 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. If you 

would rather make an anonymous 

comment, please submit comments 

through regulations.gov. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–00040 Filed 1–4–24; 8:45 am] 

BILLING CODE 3510–JS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD557] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Off New 

York, New Jersey, Delaware, and 

Maryland 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments on proposed authorization 

and possible renewal. 

SUMMARY: NMFS has received a request 

from Atlantic Shores Offshore Wind, 

LLC (Atlantic Shores) for authorization 

to take marine mammals incidental to 

marine site characterization surveys in 

waters off of New York, New Jersey, 

Delaware, and Maryland, including in 

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 0499, OCS–A 0541, OCS–A 

0549, and associated export cable 

corridor (ECC) areas. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an incidental 

harassment authorization (IHA) to 

incidentally take marine mammals 

during the specified activities. NMFS is 

also requesting comments on a possible 

one-time, 1-year renewal that could be 

issued under certain circumstances and 

if all requirements are met, as described 

in Request for Public Comments at the 

end of this notice. NMFS will consider 

public comments prior to making any 

final decision on the issuance of the 

requested MMPA authorization and 

agency responses will be summarized in 

the final notice of our decision. 

DATES: Comments and information must 

be received no later than February 5, 

2024. 

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 ITP.clevenstine@

noaa.gov. Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 


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754 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. In case of problems 

accessing these documents, please call 

the contact listed below. 

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 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizations-otherenergy-activities-renewable 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. 

FOR FURTHER INFORMATION CONTACT: 

Alyssa Clevenstine, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is provided to the public for review. 

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). Further, 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 the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

The definitions of all applicable MMPA 

statutory terms cited above are included 

in the relevant sections below. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NAO 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 has preliminarily determined 

that the issuance of the proposed IHA 

qualifies to be categorically excluded 

from further NEPA review. 

We will review all comments 

submitted in response to this notice 

prior to concluding our NEPA process 

or making a final decision on the IHA 

request. 

Summary of Request 

On August 31, 2023, NMFS received 

a request from Atlantic Shores for an 

IHA to take marine mammals incidental 

to conducting marine site 

characterization surveys in waters off of 

New York, New Jersey, Delaware, and 

Maryland, specifically within BOEM 

Lease Areas OCS–A 0499, OCS–A 0541, 

OCS–A 0549, and associated ECC areas. 

Following NMFS’ review of the 

application, Atlantic Shores submitted 

revised versions on October 11 and 

November 17, 2023. The application 

was deemed adequate and complete on 

November 20, 2023. Atlantic Shores’ 

request is for take of small numbers of 

14 species (15 stocks) of marine 

mammals by Level B harassment. 

Neither Atlantic Shores nor NMFS 

expect serious injury or mortality to 

result from this activity and, therefore, 

an IHA is appropriate. 

NMFS previously issued IHAs to 

Atlantic Shores for similar work (85 FR 

21198, April 16, 2020; 86 FR 21289, 

April 22, 2021; 87 FR 24103, April 20, 

2022; 87 FR 50293, August 10, 2022; 88 

FR 38821, June 9, 2023; 88 FR 54575, 

August 10, 2023). Atlantic Shores 

complied with all the requirements (e.g., 

mitigation, monitoring, and reporting) of 

the previous IHAs and did not exceed 

authorized levels of take under previous 

IHAs issued for surveys offshore of New 

York and New Jersey. These previous 

monitoring results are available to the 

public on our website: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-atlanticshores-offshore-wind-llc-marine-sitecharacterization and https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-atlanticshores-offshore-wind-bight-llcs-marinesite. 

Description of Proposed Activity 

Overview 

Atlantic Shores proposes to conduct 

marine site characterization surveys, 

including high-resolution geophysical 

(HRG) surveys, in waters off of New 

York, New Jersey, Delaware, and 

Maryland, specifically within BOEM 

Lease Areas OCS–A 0499, OCS–A 0541, 

OCS–A 0549, and associated ECC areas, 

collectively considered the Survey Area. 

Atlantic Shores currently has two 

active IHAs associated with ongoing 

HRG survey activities: one in BOEM 

Lease Areas OCS–A 0499 and OCS–A 

0549 effective June 9, 2023 through June 

8, 2024 (88 FR 38821) and another in 

BOEM Lease Area OCS–A 0541 effective 

August 10, 2023 through August 9, 2024 

(88 FR 54575). The purpose of the IHA 

request addressed herein is to combine 

all ongoing HRG survey activities, 

including remaining survey activity 

associated with the two existing IHAs as 

well as new activity, under a single IHA. 

The new activity includes additional 

areas not currently covered under either 

currently active Atlantic Shores HRG 

survey IHAs. If NMFS ultimately makes 

the required determinations and issues 

the requested IHA, NMFS will 

concurrently modify the effective dates 

of the two active IHAs to reflect an end 

date that is one day earlier in time than 

the start date of the requested IHA. 

The proposed marine site 

characterization surveys are designed to 

obtain data sufficient to meet BOEM 

guidelines for providing geophysical, 

geotechnical, and geohazard 

information for site assessment plan 

surveys and/or construction and 

operations plan development. The 

objective of the surveys is to support the 

site characterization, siting, and 

engineering design of offshore wind 

project facilities including wind turbine 

generators, offshore substations, and 

submarine cables within the Survey 

Area. Up to two vessels may conduct 

survey efforts concurrently. Underwater 

sound resulting from Atlantic Shores’ 


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Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 755 

marine site characterization survey 

activities, specifically HRG surveys, 

have the potential to result in incidental 

take of marine mammals in the form of 

Level B harassment. 

Dates and Duration 

The proposed activity is planned to 

begin on April 1, 2024. The proposed 

surveys are estimated to require a 

maximum of 300 survey days within a 

single year across a maximum of two 

vessels, which would include one vessel 

operating nearshore (less than 10 meters 

(m; 33 feet (ft)) depth) and one vessel 

operating offshore (greater than 10 m (33 

ft) depth). The survey days are proposed 

to occur any month throughout the year 

as the exact timing of the surveys during 

the year is not yet certain. A ‘‘survey 

day’’ is defined as a 24-hour (hr) activity 

period in which an active acoustic 

sound source is used offshore and a 12- 

hr activity period when a vessel is 

operating nearshore. Surveyed at a 

speed of approximately 3.5 knots (kn; 

6.5 kilometer (km) per hr (km/hr)), it is 

expected that the nearshore vessel 

would cover approximately 30 km (18.6 

miles (mi)) of trackline per day, and the 

offshore vessel would cover 

approximately 140 km (87 mi) of 

trackline per day, based on Atlantic 

Shores’ data acquisition efficiency 

expectations. 

TABLE 1—PROPOSED SURVEY DAYS

Survey area 

Number of active 

survey days 

expected 

Survey distance per 

day 

(km) 

Annual survey 

distance 

(km) 

Nearshore ............................................................................................................ 120 30 3,600 

Offshore ............................................................................................................... 180 140 25,200 

Specific Geographic Region 

Atlantic Shores’ proposed activities 

would occur in the Northwest Atlantic 

Ocean within Federal and State waters 

off of New York, New Jersey, Delaware, 

and Maryland in BOEM Lease Areas 

OCS–A 0499, OCS–A 0541, OCS–A 

0549, and along the associated ECC 

areas (Figure 1). Overall, the Survey 

Area is approximately 20,251 square 

kilometers (km2; 7,819 mi2) and extends 

from the shoreline to approximately 74 

km (46 mi) offshore and a maximum 

depth of approximately 60 m (197 ft). 

BILLING CODE 3510–22–P 


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BILLING CODE 3510–22–C 

Detailed Description of the Specified 

Activity 

Atlantic Shores’ marine site 

characterization surveys within the 

Survey Area include geotechnical and 

geophysical surveys, including depth 

sounding to determine water depth, site 

bathymetry, and general seafloor 

topography using a single beam and 

multibeam echosounder (MBES); 

magnetic intensity measurements using 

a gradiometer; seafloor imaging using a 

side scan sonar; shallow penetration 

sub-bottom profilers (SBPs; parametric); 

and a medium penetration SBP 

(sparker). NMFS does not expect the 

following acoustic sources to present a 

reasonably anticipated risk of causing 

incidental take of marine mammals, and 

these activities are not discussed further 

in this notice: 

• Single and MBES and side-scan 

sonars are used to determine water 

depths and general seafloor topography. 

The proposed MBES and side-scan 

sonar both have operating frequencies 

greater than 180 kilohertz (kHz) and are, 


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~ 

ATLANTIC SHORES 

offshore wind 

Figure 1 - Map of the Proposed Project Area 
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 757 

therefore, outside the general hearing 

range of marine mammals. 

• Gradiometers are used to detect 

local variations in regional magnetic 

field from geological strata and potential 

ferrous objects on and below the 

seafloor. The proposed gradiometer has 

an operating frequency greater than 180 

kHz and is, therefore, outside the 

general hearing range of marine 

mammals. 

• Parametric SBPs are shallow 

penetration non-impulsive sources used 

to map the near-surface stratigraphy 

(soil down to 5 m) of sediment below 

seabed and can provide high data 

density in subsurface profiles that are 

typically required for cable routes, very 

shallow water, and archaeological 

surveys. These sources generate short, 

very narrow-beam (1 to 3.5 degrees (°)) 

signals at high frequencies (generally 

around 85–115 kHz). The narrow 

beamwidth significantly reduces the 

potential that a marine mammal could 

be exposed to the signal while the high 

frequency of operation means that the 

signal is rapidly attenuated in seawater 

(and cannot be heard by mysticetes). 

These sources are typically deployed on 

a pole rather than towed behind the 

vessel. 

Atlantic Shores proposes to use a 

sparker during HRG survey activities 

that has the potential to cause incidental 

take of marine mammals. Sparkers are 

medium penetration impulsive sources 

used to map deep subsurface 

stratigraphy (soils down to at least 100 

m (328 ft) below the seabed in sand and 

at least 125 m (410 ft) below the seabed 

in mixed sediments). Sparkers create 

omnidirectional acoustic pulses from 50 

hertz (Hz) to 4 kHz, are typically towed 

behind the vessel, and may be operated 

with different numbers of electrode tips 

to allow tuning of the acoustic 

waveform for specific applications. 

There is one sparker system planned for 

use: GeoMarine Geo-Source 400, which 

would collect two-dimensional (2D) 

single-channel ultra-high resolution 

seismic (SUHRS) data while operating 

400 tips at a power level of 400 Joules 

(J; table 2). 

TABLE 2—REPRESENTATIVE SURVEY EQUIPMENT EXPECTED TO RESULT IN TAKE OF MARINE MAMMALS

HRG survey equipment 

(sub-bottom profiler) Representative equipment type 

Operating 

frequency 

ranges 

(kHz) 

Operational 

source level 

(dBRMS) 

Beamwidth 

(degree) 

Typical pulse 

duration 

RMS90

(ms) 

Pulse 

repetition 

rate 

(Hz) 

Sparker .................................................. Geo Marine Survey System 2D 

SUHRS.

0.2 to 5 .............. 195 180 7.2 0.41 

Note: Atlantic Shores proposes to use the data provided for the SIG ELC 820 operating at a power of 400 J using 100 electrode tips as a proxy for the sparker 

system listed above (see Estimated Take section for additional discussion). 

Proposed mitigation, monitoring, and 

reporting measures are described in 

detail later in this document (please see 

Proposed Mitigation and Proposed 

Monitoring and Reporting). 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history of the potentially 

affected species. NMFS fully considered 

all of this information, and we refer the 

reader to these descriptions instead of 

reprinting the information. Additional 

information regarding population trends 

and threats may be found in NMFS’ 

Stock Assessment Reports (SARs; 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments) 

and more general information about 

these species (e.g., physical and 

behavioral descriptions) may be found 

on NMFS’ website (https://

www.fisheries.noaa.gov/find-species). 

Table 3 lists all species or stocks for 

which take is expected and proposed to 

be authorized for this activity and 

summarizes information related to the 

population or stock, including 

regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. PBR is defined by the 

MMPA as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock while allowing 

that stock to reach or maintain its 

optimum sustainable population (as 

described in NMFS’ SARs). While no 

serious injury or mortality is anticipated 

or proposed to be authorized here, PBR 

and annual serious injury and mortality 

(annual M/SI) from anthropogenic 

sources are included here as gross 

indicators of the status of the species or 

stocks and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’ stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’ U.S. 2022 SARs. All values 

presented in table 3 are the most recent 

available at the time of publication and 

are available online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments. 

TABLE 3—SPECIES AND STOCKS LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES 1

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 2

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 3

PBR Annual 

M/SI 4

Order Artiodactyla—Cetacea—Mysticeti (baleen whales) 

Family Balaenidae: 

N Atlantic Right Whale 5 ... Eubalaena glacialis ................ Western Atlantic ..................... E, D, Y 338 (0, 332, 2020) ................. 0.7 31.2 

Family Balaenopteridae 

(rorquals): 

Fin Whale ......................... Balaenoptera physalus ........... Western N Atlantic ................. E, D, Y 6,802 (0.24, 5,573, 2016) ...... 11 1.8 

Humpback Whale ............. Megaptera novaeangliae ........ Gulf of Maine .......................... -, -, N 1,396 (0, 1380, 2016) ............ 22 12.15 

Minke Whale .................... Balaenoptera acutorostrata .... Canadian Eastern Coastal ..... -, -, N 21,968 (0.31, 17,002, 2016) .. 170 10.6 


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I I I 

I I I I 

I I I I 
758 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 

TABLE 3—SPECIES AND STOCKS LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES 1—Continued 

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 2

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 3

PBR Annual 

M/SI 4

Sei Whale ......................... Balaenoptera borealis ............ Nova Scotia ............................ E, D, Y 6,292 (1.02, 3,098, 2016) ...... 6.2 0.8 

Family Delphinidae: 

Long-Finned Pilot Whale .. Globicephala melas ................ Western N Atlantic ................. -, -, N 39,215 (0.30, 30,627, 2016) .. 306 9 

Atlantic Spotted Dolphin ... Stenella frontalis ..................... Western N Atlantic ................. -, -, N 39,921 (0.27, 32,032, 2016) .. 320 0 

Atlantic White-Sided Dolphin.Lagenorhynchus acutus ......... Western N Atlantic ................. -, -, N 93,233 (0.71, 54,443, 2016) .. 544 27 

Bottlenose Dolphin ........... Tursiops truncatus .................. Northern Migratory Coastal .... -, -, Y 6,639 (0.41, 4,759, 2016) ...... 48 12.2- 

21.5 

Bottlenose Dolphin ........... Tursiops truncatus .................. Western N Atlantic Offshore .. -, -, N 62,851 (0.23, 51,914, 2016) .. 519 28 

Risso’s Dolphin ................ Grampus griseus .................... Western N Atlantic ................. -, -, N 35,215 (0.19, 30,051, 2016) .. 301 34 

Common Dolphin ............. Delphinus delphis ................... Western N Atlantic ................. -, -, N 172,974 (0.21, 145,216, 2016) 1,452 390 

Family Phocoenidae (porpoises): 

Harbor Porpoise ............... Phocoena phocoena .............. Gulf of Maine/Bay of Fundy ... -, -, N 95,543 (0.31, 74,034, 2016) .. 851 164 

Order Carnivora—Pinnipedia 

Family Phocidae (earless 

seals): 

Gray Seal 6 ....................... Halichoerus grypus ................ Western N Atlantic ................. -, -, N 27,300 (0.22, 22,785, 2016) .. 1,458 4,453 

Harbor Seal ...................... Phoca vitulina ......................... Western N Atlantic ................. -, -, N 61,336 (0.08, 57,637, 2018) .. 1,729 339 

1 Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy 

(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)). 2ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be 

declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA 

as depleted and as a strategic stock. 3 NMFS marine mammal SARs online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. CV 

is coefficient of variation; Nmin is the minimum estimate of stock abundance. 4These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. 5 Linden (2023) estimated the population size in 2022 as 356 individuals, with a 95 percent credible interval ranging from 346 to 363. NMFS acknowledges this 

most recent estimation in addition to the 2022 SAR stock abundance estimate. 6 NMFS’s stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 451,600. The annual M/SI given is for the total stock. 

As indicated above, all 14 species (15 

managed stocks) in table 3 temporally 

and spatially co-occur with the 

proposed activity to the degree that take 

is reasonably likely to occur. While 

other species have been documented in 

the area (see table 3–1 of the IHA 

application), the temporal and/or spatial 

occurrence of these species is such that 

take is not expected to occur, and they 

are not discussed further. 

North Atlantic Right Whale 

North Atlantic right whales (NARW) 

range from calving grounds in the 

southeastern United States to feeding 

grounds in New England waters and 

into Canadian waters (Hayes et al., 

2023). They are observed year round in 

the Mid-Atlantic Bight, and surveys 

have demonstrated the existence of 

seven areas where NARW congregate 

seasonally in Georges Bank, off Cape 

Cod, and in Massachusetts Bay (Hayes 

et al., 2023). In the late fall months (e.g., 

October), NARW are generally thought 

to depart from the feeding grounds in 

the North Atlantic and move south to 

their calving grounds off Georgia and 

Florida. However, recent research 

indicates our understanding of their 

movement patterns remains incomplete 

(Davis et al., 2017). A review of passive 

acoustic monitoring data from 2004 to 

2014 throughout the western North 

Atlantic demonstrated nearly 

continuous year-round NARW presence 

across their entire habitat range (for at 

least some individuals), including in 

locations previously thought of as 

migratory corridors, suggesting that not 

all of the population undergoes a 

consistent annual migration (Davis et 

al., 2017). Given that Atlantic Shores’ 

surveys would be concentrated in the 

New York Bight and Mid-Atlantic Bight, 

some NARW may be present year round. 

However, the majority of NARW in the 

vicinity of the Survey Area are likely to 

be transient, migrating through the area. 

Recent aerial surveys in the New York 

Bight showed NARW in the proposed 

Survey Area in the winter and spring, 

preferring deeper waters near the shelf 

break (NARW observed in depths 

ranging from 33–1,041 m) but were 

observed throughout the aerial survey 

area (Zoidis et al., 2021, Robinson et al., 

2021). Similarly, passive acoustic data 

collected from 2018 to 2020 in the New 

York Bight showed detections of NARW 

throughout the year (Estabrook et al., 

2021). Seasonally, NARW acoustic 

presence was highest in the fall. NARW 

can be anticipated to occur in the 

proposed Survey Area year-round but 

with lower levels in the summer from 

July–September. 

Since 2010, the NARW population 

has been in decline (Pace III et al., 

2017), with a 40 percent decrease in 

calving rate (Kraus et al., 2016). In 2018, 

no new NARW calves were documented 

in their calving grounds; this 

represented the first time since annual 

NOAA aerial surveys began in 1989 that 

no new NARW calves were observed. 

Calf numbers have increased since 2018 

with 20 NARW calves documented in 

2021 and 15 in 2022. 

Elevated NARW mortalities have 

occurred since June 7, 2017, along the 

U.S. and Canadian coast. This event has 

been declared an unusual mortality 

event (UME), with human interactions, 

including entanglement in fixed fishing 

gear and vessel strikes, implicated in at 

least 60 of the mortalities or serious 

injuries thus far. As of October 4, 2023, 

a total of 121 confirmed cases of 

mortality, serious injury, or morbidity 

(sublethal injury or illness) have been 

documented. The preliminary cause of 

most of these cases is from rope 

entanglements or vessel strikes. More 

information is available online at: 

https://www.fisheries.noaa.gov/ 

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north-atlantic-right-whale-unusualmortality-event. 

The proposed Survey Area is within 

a migratory corridor biologically 

important area (BIA) for NARW that 

extends from Massachusetts to Florida 

(LaBrecque et al., 2015). There is 

possible migratory behavior that could 

occur in this area between November 

and April. Off the coast of New Jersey, 

the migratory BIA extends from the 

coast to beyond the shelf break. 

NMFS’ regulations at 50 CFR 224.105 

designated nearshore waters of the MidAtlantic Bight as Mid-Atlantic U.S. 

Seasonal Management Areas (SMA) for 

NARW in 2008. SMAs were developed 

to reduce the threat of collisions 

between ships and NARW around their 

migratory route and calving grounds. 

The New York/New Jersey SMA, which 

occurs in the New York Bight, is in the 

proposed Survey Area and is active 

from November 1 through April 30 of 

each year. Within SMAs, the regulations 

require a mandatory vessel speed (less 

than 10 kn (18.52 km/hr)) or 5.14 m/sec 

for all vessels longer than 19.8 m (65 ft). 

On August 1, 2022, NMFS announced 

proposed changes to the existing NARW 

vessel speed regulations to further 

reduce the likelihood of mortalities and 

serious injuries to endangered 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, 

August 1, 2022). Should a final vessel 

speed rule be issued and become 

effective during the effective period of 

this 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. 

Fin Whale 

Fin whales are present north of 35° N 

latitude in every season and are broadly 

distributed throughout the western 

North Atlantic for most of the year 

(Hayes et al., 2022). They are typically 

found in small groups of up to five 

individuals (Brueggeman et al., 1987). 

The main threats to fin whales are 

fishery interactions and vessel collisions 

(Hayes et al., 2022). 

The western North Atlantic stock of 

fin whales includes the area from 

central Virginia to Newfoundland/ 

Labrador, Canada. This region is 

primarily a feeding ground for this 

migratory species that tend to calve and 

breed in lower latitudes or offshore. 

There is currently no critical habitat 

designated for this species. 

Aerial surveys in the New York Bight 

observed fin whales year-round 

throughout the proposed Survey Area, 

but they preferred deeper waters near 

the shelf break (Robinson et al., 2021). 

Passive acoustic data from 2018–2020 

also detected fin whales throughout the 

year (Estabrook et al., 2021). 

Humpback Whale 

On September 8, 2016, NMFS divided 

the once single species of humpback 

whales into 14 distinct population 

segments (DPSs), removed the current 

species-level listing, and, instead, listed 

four DPSs as endangered and one DPS 

as threatened (81 FR 62259, September 

8, 2016). The remaining nine DPSs were 

not listed. The West Indies DPS, which 

is not listed under the ESA, is the only 

DPS of humpback whale that is 

expected to occur in the Survey Area. 

Members of the West Indies DPS 

disperse to multiple western North 

Atlantic feeding populations, including 

the Gulf of Maine stock designated 

under the MMPA. Whales occurring in 

the proposed survey area are considered 

to be from the West Indies DPS but are 

not necessarily from the Gulf of Maine 

stock. Barco et al. (2002) estimated that, 

based on photo-identification, only 39 

percent of individual humpback whales 

observed along the mid- and south 

Atlantic U.S. coast are from the Gulf of 

Maine stock. Bettridge et al. (2015) 

estimated the size of this population at 

12,312 (95 percent confidence interval 

(CI) 8,688–15,954) whales in 2004–2005, 

which is consistent with previous 

population estimates of approximately 

10,000–11,000 whales (Stevick et al., 

2003, Smith et al., 1999) and the 

increasing trend for the West Indies DPS 

(Bettridge et al., 2015). 

Humpback whales utilize the midAtlantic as a migration pathway 

between calving/mating grounds to the 

south and feeding grounds in the north 

(Waring et al., 2007a, Waring et al., 

2007b). A key question with regard to 

humpback whales off the Mid-Atlantic 

States is to which feeding population 

whales in these waters belong. 

Since January 2016, elevated 

humpback whale mortalities have 

occurred along the Atlantic coast from 

Maine to Florida. Partial or full 

necropsy examinations have been 

conducted on approximately half of the 

209 known cases (as of November 2, 

2023). Of the whales examined, about 

40 percent had evidence of human 

interaction, either vessel strike or 

entanglement. While a portion of the 

whales have shown evidence of premortem vessel strike, this finding is not 

consistent across all whales examined 

and more research is needed. NOAA is 

consulting with researchers that are 

conducting studies on the humpback 

whale populations, and these efforts 

may provide information on changes in 

whale distribution and habitat use that 

could provide additional insight into 

how these vessel interactions occurred. 

More information is available at: https:// 

www.fisheries.noaa.gov/national/ 

marine-life-distress/2016-2023- 

humpback-whale-unusual-mortalityevent-along-atlantic-coast. 

Minke Whale 

Minke whales can be found in 

temperate, tropical, and high-latitude 

waters. The Canadian East Coast stock 

can be found in the area from the 

western half of the Davis Strait (45° W 

longitude) to the Gulf of Mexico (Hayes 

et al., 2022). This species generally 

occupies waters less than 100 m deep 

on the continental shelf. There appears 

to be a strong seasonal component to 

minke whale distribution in the Survey 

Area, in which spring to fall are times 

of relatively widespread and common 

occurrence while during winter the 

species appears to be largely absent 

(Hayes et al., 2022). Aerial surveys in 

the New York Bight area found that 

minke whales were observed throughout 

the proposed Survey Area with highest 

numbers sighting in the spring months 

(Robinson et al., 2021). 

Since January 2017, elevated minke 

whale mortalities have occurred along 

the Atlantic coast from Maine through 

South Carolina, with a total of 160 

strandings (as of September 26, 2023). 

This event has been declared a UME; as 

of 2023, it is pending closure. Full or 

partial necropsy examinations were 

conducted on more than 60 percent of 

the stranded whales. Preliminary 

findings in several of the whales have 

shown evidence of human interactions 

or infectious disease, but these findings 

are not consistent across all of the 

whales examined, so more research is 

needed. More information is available 

at: https://www.fisheries.noaa.gov/ 

national/marine-life-distress/2017-2023- 

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Sei Whale 

The Nova Scotia stock of sei whales 

can be found in deeper waters of the 

continental shelf edge waters of the 

northeastern U.S. and northeastward to 

south of Newfoundland. Sei whales 

occur in shallower waters to feed. 

Currently there is no critical habitat for 

sei whales, though they can be observed 

along the shelf edge of the continental 

shelf. The main threats to this stock are 

interactions with fisheries and vessel 

collisions. 

Aerial surveys conducted in the New 

York Bight observed sei whales in both 

winter and spring, though they 

preferred deeper waters near the shelf 

break (Robinson et al., 2021). Passive 

acoustic data in the proposed Survey 

Area detected sei whales throughout the 

year except January and July with 

highest detections in March and April 

(Estabrook et al., 2021). 

Long-Finned Pilot Whale 

Only long-finned pilot whales are 

expected to occur in this project area 

due to their more northerly distribution 

and association with colder water 

compared to short-finned pilot whales 

(Garrison and Rosel, 2017). Long-finned 

pilot whales are found from North 

Carolina to Iceland, Greenland, and the 

Barents Sea (Hayes et al., 2022). In U.S. 

Atlantic waters, the Western North 

Atlantic stock is distributed principally 

along the continental shelf edge off the 

northeastern U.S. coast in winter and 

early spring. In late spring, pilot whales 

move onto Georges Bank and into the 

Gulf of Maine and more northern waters 

and remain in these areas through late 

autumn (Hayes et al., 2022). 

Atlantic Spotted Dolphin 

Atlantic spotted dolphins are found in 

tropical and warm temperate waters 

ranging from southern New England, 

south to the Gulf of Mexico and the 

Caribbean to Venezuela (Hayes et al., 

2020). The Western North Atlantic stock 

regularly occurs in continental shelf 

waters south of Cape Hatteras, North 

Carolina and in continental shelf edge 

and continental slope waters north of 

this region (Hayes et al., 2020). 

Atlantic White-Sided Dolphin 

White-sided dolphins are found in 

temperate and sub-polar waters of the 

North Atlantic, primarily in continental 

shelf waters to the 100-m depth contour 

from central west Greenland to North 

Carolina (Hayes et al., 2022). The Gulf 

of Maine stock is most common in 

continental shelf waters from Hudson 

Canyon to Georges Bank and in the Gulf 

of Maine and lower Bay of Fundy. 

Sighting data indicate seasonal shifts in 

distribution (Northridge et al., 1997). 

During January to May, low numbers of 

white-sided dolphins are found from 

Georges Bank to Jeffreys Ledge (off New 

Hampshire) with even lower numbers 

south of Georges Bank as documented 

by a few strandings collected on beaches 

of Virginia to South Carolina. From June 

through September, large numbers of 

white-sided dolphins are found from 

Georges Bank to the lower Bay of 

Fundy. From October to December, 

white-sided dolphins occur at 

intermediate densities from southern 

Georges Bank to southern Gulf of Maine 

(Payne and Heinemann, 1990). Sightings 

south of Georges Bank, particularly 

around Hudson Canyon, occur year 

round but at low densities. Aerial 

studies confirmed observations in fall 

and winter in the New York Bight area 

with preference for deep water at the 

shelf break throughout the year 

(Robinson et al., 2021). 

Bottlenose Dolphin 

There are two distinct bottlenose 

dolphin morphotypes in the Western 

North Atlantic: coastal and offshore 

(Hayes et al., 2020, Hayes et al., 2021). 

Coastal morphotype dolphins generally 

reside in waters along the inner 

continental shelf (within 7.5 km (4.6 mi) 

of shore), around islands, and are 

continuously distributed south of Long 

Island, New York, into the Gulf of 

Mexico. Coastal dolphins in this area 

are expected to belong to the Northern 

Migratory Coastal Stock. Torres et al. 

(2003) found a statistically significant 

break in the distribution of the 

morphotypes at 34 km from shore based 

upon the genetic analysis of tissue 

samples collected in nearshore and 

offshore waters from New York to 

central Florida. Both morphotypes are 

likely to occur in the proposed Survey 

Area. The offshore stock is distributed 

primarily along the outer continental 

shelf and continental slope in the 

Northwest Atlantic Ocean from Georges 

Bank to the Florida Keys. 

Risso’s Dolphin 

The Western North Atlantic stock of 

Risso’s dolphin occurs from Florida to 

eastern Newfoundland. They are 

common on the northwest Atlantic 

continental shelf in summer and fall 

with lower abundances in winter and 

spring. Aerial surveys in the New York 

Bight area sighted Risso’s dolphins 

throughout the year at the shelf break 

with highest abundances in spring and 

summer (Robinson et al., 2021). 

Common Dolphin 

Common dolphins within the U.S. 

Atlantic Exclusive Economic Zone 

(EEZ) belong to the Western North 

Atlantic stock, generally occurring from 

Cape Hatteras to the Scotian Shelf 

(Hayes et al., 2022). Common dolphins 

are a highly seasonal, migratory species. 

Within the U.S. Atlantic EEZ, this 

species is distributed along the 

continental shelf and typically 

associated with Gulf Stream features 

(Cetacean and Turtle Assessment 

Program, 1982, Hamazaki, 2002, Selzer 

and Payne, 1988, Hayes et al., 2022). 

They are commonly found over the 

continental shelf between the 100-m 

and 2,000-m isobaths and over 

prominent underwater topography and 

east to the mid-Atlantic Ridge (Hayes et 

al., 2022). Common dolphins occur from 

Cape Hatteras northeast to Georges Bank 

(35° N to 42° N latitude) during midJanuary to May and move as far north 

as the Scotian Shelf from mid-summer 

to fall (Selzer and Payne, 1988). 

Migration onto the Scotian Shelf and 

continental shelf off Newfoundland 

occurs when water temperatures exceed 

51.8 °F (11° Celsius; (Sergeant et al., 

1970, Gowans and Whitehead, 1995). 

Breeding usually takes place between 

June and September (Hayes et al., 2022). 

Summer surveys included observations 

of the most individuals followed by fall, 

winter, and then spring. 

Harbor Porpoise 

In the project area, only the Gulf of 

Maine/Bay of Fundy stock of harbor 

porpoises may be present in the fall and 

winter. This stock is found in U.S. and 

Canadian Atlantic waters and is 

concentrated in the northern Gulf of 

Maine and southern Bay of Fundy 

region, generally in waters less than 150 

m deep (Hayes et al., 2022). During fall 

(October–December) and spring (April– 

June), they are more widely dispersed 

from New Jersey to Maine with lower 

densities farther north and south. In 

winter (January–March), intermediate 

densities of harbor porpoises can be 

found in waters off New Jersey to North 

Carolina with lower densities found in 

waters off New York to New Brunswick, 

Canada (Hayes et al., 2022). They are 

seen from the coastline to deep waters 

(greater than 1,800 m; (Westgate and 

Read, 1998), although the majority of 

the population is found over the 

continental shelf (Hayes et al., 2022). 

The main threat to the species is 

interactions with fisheries, with 

documented take in the U.S. northeast 

sink gillnet, mid-Atlantic gillnet, and 

northeast bottom trawl fisheries and in 

the Canadian herring weir fisheries 

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Pinnipeds (Gray Seal and Harbor Seal) 

Gray seals have been observed in the 

proposed Survey Area and these seals 

belong to the western North Atlantic 

stock. The range for this stock is thought 

to be from New Jersey to Labrador Sea. 

Current population trends show that 

gray seal abundance is likely increasing 

in the U.S. Atlantic EEZ (Hayes et al., 

2021). Although the rate of increase is 

unknown, surveys conducted since their 

arrival in the 1980s indicate a steady 

increase in abundance in both Maine 

and Massachusetts (Hayes et al., 2021). 

It is believed that recolonization by 

Canadian gray seals is the source of the 

U.S. population increase (Hayes et al., 

2021). Documented haulouts for gray 

seals exist in the Long Island area, with 

a possible rookery on Little Gull Island. 

Since June 2022, elevated numbers of 

sick and dead harbor seals and gray 

seals have been documented along the 

southern and central coast of Maine. 

This event has also been declared a 

UME; as of late 2023, it is pending 

closure. Preliminary testing of samples 

found that some harbor and gray seals 

were positive for the highly pathogenic 

avian influenza. NMFS and other 

partners are working on an ongoing 

investigation of this UME. From June 1, 

2022–July 16, 2023, there have been 492 

seal strandings. Information on these 

UMEs are available online at: https://

www.fisheries.noaa.gov/2022-2023- 

pinniped-unusual-mortality-eventalong-maine-coast. 

Marine Mammal Hearing 

Hearing is the most important sensory 

modality for marine mammals 

underwater, and exposure to 

anthropogenic sound can have 

deleterious effects. To appropriately 

assess the potential effects of exposure 

to sound, it is necessary to understand 

the frequency ranges marine mammals 

are able to hear. Not all marine mammal 

species have equal hearing capabilities 

(e.g., Richardson et al., 1995, Wartzok 

and Ketten, 1999, Au and Hastings, 

2008). To reflect this, Southall et al. 

(2007), Southall et al. (2019) 

recommended that marine mammals be 

divided into hearing groups based on 

directly measured (behavioral or 

auditory evoked potential techniques) or 

estimated hearing ranges (behavioral 

response data, anatomical modeling, 

etc.). Note that no direct measurements 

of hearing ability have been successfully 

completed for mysticetes (i.e., lowfrequency cetaceans). Subsequently, 

NMFS (2018) described generalized 

hearing ranges for these marine mammal 

hearing groups. Generalized hearing 

ranges were chosen based on the 

approximately 65 dB threshold from the 

normalized composite audiograms, with 

the exception for lower limits for lowfrequency cetaceans where the lower 

bound was deemed to be biologically 

implausible and the lower bound from 

Southall et al. (2007) retained. Marine 

mammal hearing groups and their 

associated hearing ranges are provided 

in table 4. 

TABLE 4—MARINE MAMMAL HEARING GROUPS

[NMFS, 2018] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ..................................................................................................................... 7 Hz to 35 kHz. 

Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ........................................... 150 Hz to 160 kHz. 

High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. 

australis).

275 Hz to 160 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ................................................................................................................... 50 Hz to 86 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .............................................................................................. 60 Hz to 39 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, 

with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation). 

The pinniped functional hearing 

group was modified from Southall et al. 

(2007) on the basis of data indicating 

that phocid species have consistently 

demonstrated an extended frequency 

range of hearing compared to otariids, 

especially in the higher frequency range 

(Hemila ̈ et al., 2006, Kastelein et al., 

2009, Reichmuth et al., 2013). 

For more detail concerning these 

groups and associated frequency ranges, 

please see NMFS (2018) for a review of 

available information. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

This section provides a discussion of 

the ways in which components of the 

specified activity may impact marine 

mammals and their habitat. Detailed 

descriptions of the potential effects of 

similar specified activities have been 

provided in other recent Federal 

Register notices, including for survey 

activities using the same methodology 

by Atlantic Shores (87 FR 4200, January 

27, 2022; 87 FR 24103, April 22, 2022; 

87 FR 38067, June 27, 2022; 87 FR 

50293, August 16, 2022). At present, 

there is no new information on potential 

effects that would impact our analysis 

and we incorporate by reference the 

detailed discussions in those documents 

rather than repeating the details here. 

The Estimated Take section later in 

this document includes a quantitative 

analysis of the number of individuals 

that are expected to be taken by this 

activity. The Negligible Impact Analysis 

and Determination section considers the 

content of this section, the Estimated 

Take section, and the Proposed 

Mitigation section, to draw conclusions 

regarding the likely impacts of these 

activities on the reproductive success or 

survivorship of individuals and whether 

those impacts are reasonably expected 

to, or reasonably likely to, adversely 

affect the species or stock through 

effects on annual rates of recruitment or 

survival. 

Summary on Specific Potential Effects 

of Acoustic Sound Sources 

For general information on sound, its 

interaction with the marine 

environment, and a description of 

acoustic terminology, please see, e.g., 

(Institute, 1986, Institute, 1995, Au and 

Hastings, 2008, Hastings and Popper, 

2005, Mitson, 1995, Health, 1998, 

Southall et al., 2007, Urick, 1983). 

Underwater sound from active acoustic 

sources can cause one or more of the 

following: temporary or permanent 

hearing impairment, behavioral 

disturbance, masking, stress, and nonauditory physical effects. The degree of 

effect is intrinsically related to the 

signal characteristics, received level, 

distance from the source, and duration 

of the sound exposure. Marine 

mammals exposed to high-intensity 

sound, or to lower-intensity sound for 


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prolonged periods, can experience 

hearing threshold shift (TS), which is 

the loss of hearing sensitivity at certain 

frequency ranges (Finneran, 2015). TS 

can be permanent (PTS; permanent 

threshold shift), in which case the loss 

of hearing sensitivity is not fully 

recoverable, or temporary (TTS; 

temporary threshold shift), in which 

case the animal’s hearing threshold 

would recover over time (Southall et al., 

2007). 

When PTS occurs, there is physical 

damage to the sound receptors in the ear 

(i.e., tissue damage), whereas TTS 

represents primarily tissue fatigue and 

is reversible (Southall et al., 2007). In 

addition, other investigators have 

suggested that TTS is within the normal 

bounds of physiological variability and 

tolerance and does not represent 

physical injury (e.g., Ward, 1997). 

Therefore, NMFS does not consider TTS 

to constitute auditory injury. 

Animals in the vicinity of Atlantic 

Shores’ proposed HRG survey activities 

are unlikely to incur even TTS due to 

the characteristics of the sound source, 

which include generally very short 

pulses and potential duration of 

exposure. These characteristics mean 

that instantaneous exposure is unlikely 

to cause TTS because it is unlikely that 

exposure would occur close enough to 

the vessel for received levels to exceed 

peak pressure TTS criteria, and the 

cumulative duration of exposure would 

be insufficient to exceed cumulative 

sound exposure level (SEL) criteria. 

Even for high-frequency cetacean 

species (e.g., harbor porpoises), which 

have the greatest sensitivity to potential 

TTS, individuals would have to make a 

very close approach and remain very 

close to the vessel operating the source 

in order to receive multiple exposures at 

relatively high levels as would be 

necessary to cause TTS. Intermittent 

exposures—as would occur due to the 

brief, transient signals produced by 

these sources—require a higher 

cumulative SEL to induce TTS than 

would continuous exposures of the 

same duration (i.e., intermittent 

exposure results in lower levels of TTS). 

Moreover, most marine mammals would 

more likely avoid a loud sound source 

rather than swim in such close 

proximity as to result in TTS. Kremser 

et al. (2005) noted that the probability 

of a cetacean swimming through the 

area of exposure when a sub-bottom 

profiler emits a pulse is small—because 

if the animal was in the area, it would 

have to pass the transducer at close 

range in order to be subjected to sound 

levels that could cause TTS and would 

likely exhibit avoidance behavior to the 

area near the transducer rather than 

swim through at such a close range. 

Behavioral disturbance to marine 

mammals from sound may include a 

variety of effects, including subtle 

changes in behavior (e.g., minor or brief 

avoidance of an area or changes in 

vocalizations), more conspicuous 

changes in similar behavioral activities, 

and more sustained and/or potentially 

severe reactions, such as displacement 

from or abandonment of high-quality 

habitat. Behavioral responses to sound 

are highly variable and context-specific 

and any reactions depend on numerous 

intrinsic and extrinsic factors (e.g., 

species, state of maturity, experience, 

current activity, reproductive state, 

auditory sensitivity, time of day), as 

well as the interplay between factors. 

Available studies show wide variation 

in response to underwater sound; 

therefore, it is difficult to predict 

specifically how any given sound in a 

particular instance might affect marine 

mammals perceiving the signal. 

In addition, sound can disrupt 

behavior through masking, or interfering 

with, an animal’s ability to detect, 

recognize, or discriminate between 

acoustic signals of interest (e.g., those 

used for intraspecific communication 

and social interactions, prey detection, 

predator avoidance, navigation). 

Masking occurs when the receipt of a 

sound is interfered with by another 

coincident sound at similar frequencies 

and at similar or higher intensity, and 

may occur whether the sound is natural 

(e.g., snapping shrimp, wind, waves, 

precipitation) or anthropogenic (e.g., 

shipping, sonar, seismic exploration) in 

origin. Marine mammal 

communications would not likely be 

masked appreciably by the acoustic 

signals given the directionality of the 

signals for the HRG survey equipment 

planned for use (table 2) and the brief 

period for when an individual mammal 

would likely be exposed. 

Sound may affect marine mammals 

through impacts on the abundance, 

behavior, or distribution of prey species 

(e.g., crustaceans, cephalopods, fish, 

zooplankton) (i.e., effects to marine 

mammal habitat). Prey species exposed 

to sound might move away from the 

sound source, experience TTS, 

experience masking of biologically 

relevant sounds, or show no obvious 

direct effects. The most likely impacts, 

if any, for most prey species in a given 

area would be temporary avoidance of 

the area. Surveys using active acoustic 

sound sources move through an area, 

limiting exposure to multiple pulses. In 

all cases, sound levels would return to 

ambient once a survey ends and the 

noise source is shut down and, when 

exposure to sound ends, behavioral and/ 

or physiological responses are expected 

to end relatively quickly. Finally, the 

HRG survey equipment will not have 

significant impacts to the seafloor and 

does not represent a source of pollution. 

Vessel Strike 

Vessel collisions with marine 

mammals, or vessel strikes, can result in 

death or serious injury of the animal. 

These interactions are typically 

associated with large whales, which are 

less maneuverable than are smaller 

cetaceans or pinnipeds in relation to 

large vessels. Vessel strikes generally 

involve commercial shipping vessels, 

which are normally larger and of which 

there is much more traffic in the ocean 

than geophysical survey vessels. Jensen 

et al. (2003) summarized vessel strikes 

of large whales worldwide from 1975– 

2003 and found that most collisions 

occurred in the open ocean and 

involved large vessels (e.g., commercial 

shipping). For vessels used in 

geophysical survey activities, vessel 

speed while towing gear is typically 

only 4–5 kn (2.1–2.6 m/s). At these 

speeds, both the possibility of striking a 

marine mammal and the possibility of a 

strike resulting in serious injury or 

mortality are so low as to be 

discountable. At average transit speed 

for geophysical survey vessels, the 

probability of serious injury or mortality 

resulting from a strike is less than 50 

percent. However, the likelihood of a 

strike actually happening is again low 

given the smaller size of these vessels 

proposed for use and generally slower 

speeds. Notably in the Jensen and Silber 

study, no strike incidents were reported 

for geophysical survey vessels during 

that time period. 

The potential effects of Atlantic 

Shores’ specified survey activity are 

expected to be limited to Level B 

behavioral harassment. No permanent or 

temporary auditory effects or significant 

impacts to marine mammal habitat, 

including prey, are expected. 

Estimated Take 

This section provides an estimate of 

the number of incidental takes proposed 

for authorization through the IHA, 

which will inform both NMFS’ 

consideration of ‘‘small numbers,’’ and 

the negligible impact determinations. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of 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); 


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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). 

Authorized takes would be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to sound produced by the 

sparker. Based on the characteristics of 

the signals produced by the acoustic 

source planned for use (i.e., sparker), 

Level A harassment is neither 

anticipated (even absent mitigation) nor 

proposed to be authorized. As described 

previously, no serious injury or 

mortality is anticipated or proposed to 

be authorized for this activity. Below, 

we describe how the proposed take 

numbers are estimated. 

For acoustic impacts, generally 

speaking, we estimate take by 

considering: (1) acoustic thresholds 

above which NMFS believes the best 

available science indicates marine 

mammals will be behaviorally harassed 

or incur some degree of permanent 

hearing impairment; (2) the area or 

volume of water that will be ensonified 

above these levels in a day; (3) the 

density or occurrence of marine 

mammals within these ensonified areas; 

and, (4) the number of days of activities. 

We note that while these factors can 

contribute to a basic calculation to 

provide an initial prediction of potential 

takes, additional information that can 

qualitatively inform take estimates is 

also sometimes available (e.g., previous 

monitoring results or average group 

size). Below, we describe the factors 

considered here in more detail and 

present the proposed take estimates. 

Acoustic Thresholds 

NMFS recommends the use of 

acoustic thresholds that identify the 

received level of underwater sound 

above which exposed marine mammals 

would be reasonably expected to be 

behaviorally harassed (equated to Level 

B harassment) or to incur PTS of some 

degree (equated to Level A harassment). 

Level B Harassment—Though 

significantly driven by received level, 

the onset of behavioral disturbance from 

anthropogenic noise exposure is also 

informed to varying degrees by other 

factors related to the source or exposure 

context (e.g., frequency, predictability, 

duty cycle, duration of the exposure, 

signal-to-noise ratio, distance to the 

source), the environment (e.g., 

bathymetry, other noises in the area, 

predators in the area), and the receiving 

animals (hearing, motivation, 

experience, demography, life stage, 

depth) and can be difficult to predict 

(e.g., Southall et al., 2007, Southall et 

al., 2021, Ellison et al., 2012). Based on 

what the available science indicates and 

the practical need to use a threshold 

based on a metric that is both 

predictable and measurable for most 

activities, NMFS typically uses a 

generalized acoustic threshold based on 

received level to estimate the onset of 

behavioral harassment. NMFS generally 

predicts that marine mammals are likely 

to be behaviorally harassed in a manner 

considered to be Level B harassment 

when exposed to underwater 

anthropogenic noise above RMS 

pressure received levels (RMS SPL) of 

120 dB (referenced to 1 microPascal (re 

1 mPa)) for continuous (e.g., vibratory 

pile driving, drilling) and above RMS 

SPL 160 dB re 1 mPa for non-explosive 

impulsive (e.g., seismic airguns) or 

intermittent (e.g., scientific sonar) 

sources. 

Generally speaking, Level B 

harassment take estimates based on 

these behavioral harassment thresholds 

are expected to include any likely takes 

by TTS as, in most cases, the likelihood 

of TTS occurs at distances from the 

source less than those at which 

behavioral harassment is likely. TTS of 

a sufficient degree can manifest as 

behavioral harassment, as reduced 

hearing sensitivity and the potential 

reduced opportunities to detect 

important signals (e.g., conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

Atlantic Shores’ marine site 

characterization surveys include the use 

of an impulsive (i.e., sparker) source, 

and therefore the SPL threshold of 160 

dB re 1 mPa is applicable. 

Level A Harassment—NMFS’ 

Technical Guidance for Assessing the 

Effects of Anthropogenic Sound on 

Marine Mammal Hearing (Version 2.0; 

(NMFS, 2018)) identifies dual criteria to 

assess auditory injury (Level A 

harassment) to five different marine 

mammal groups (based on hearing 

sensitivity) as a result of exposure to 

noise from two different types of 

sources (impulsive or non-impulsive). 

The references, analysis, and 

methodology used in the development 

of the thresholds are described in 

NMFS’ 2018 Technical Guidance, which 

may be accessed at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-acoustic-technical-guidance. 

Ensonified Area 

Here, we describe operational and 

environmental parameters of the activity 

that are used in estimating the area 

ensonified above the acoustic 

thresholds, including source levels and 

transmission loss coefficient. 

NMFS has developed a user-friendly 

methodology for estimating the extent of 

the Level B harassment isopleths 

associated with relevant HRG survey 

equipment (NMFS, 2020). This 

methodology incorporates frequency 

and directionality (when relevant) to 

refine estimated ensonified zones. For 

acoustic sources that operate with 

different beamwidths, the maximum 

beamwidth was used, and the lowest 

frequency of the source was used when 

calculating the frequency-dependent 

absorption coefficient (table 2). Atlantic 

Shores used 180° beamwidth in the 

calculation for the proposed sparker 

system as is appropriate for an 

omnidirectional source. 

NMFS considers the data provided by 

Crocker and Fratantonio (2016) to 

represent the best available information 

on source levels associated with HRG 

survey equipment and, therefore, 

recommends that source levels provided 

by Crocker and Fratantonio (2016) be 

incorporated in the method described 

above to estimate isopleth distances to 

harassment thresholds. In cases where 

the source level for a specific type of 

HRG equipment is not provided in 

Crocker and Fratantonio (2016), NMFS 

recommends that, in instances where 

data from a suitable proxy is presented, 

Crocker and Fratantonio (2016) be used, 

or, alternatively, when no suitable proxy 

is available, source levels provided by 

the manufacturer may be used instead. 

Table 2 shows the HRG equipment type 

used during the proposed surveys and 

the source levels associated with the 

HRG equipment type. 

Atlantic Shores proposes to use the 

GeoMarine Geo-Source 400 Marine 

Multi-tip Sparker System (400 tip/400 

J). No data are provided by Crocker and 

Fratantonio (2016) for the GeoMarine 

Geo-Source sparker system, therefore, 

Atlantic Shores proposes to use the data 

provided for the SIG ELC 820 operating 

at 400 J with 100 electrode tips as a 

proxy for the GeoMarine Geo-Source 

operating at 400 J with 400 electrode 

tips. Crocker and Fratantonio (2016) 

indicates an operational source level of 

195 dBRMS for the SIG ELC 820 while 

operating at a power of 400 J using 100 

electrode tips, and Atlantic Shores has 

determined that an increase in the 

number of electrode tips decreases the 

overall peak source pressure translating 

to a lower operational source level. 

NMFS concurs with this selection, 

which is described in table 2. Using the 

proxy source level of 195 dB RMS SPL 


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results in an estimated distance of 56 m 

to the Level B harassment isopleth. 

Marine Mammal Occurrence 

In this section, we provide 

information about the occurrence of 

marine mammals, including density or 

other relevant information which will 

inform the take calculations. 

Habitat-based density models 

produced by the Duke University 

Marine Geospatial Ecology Laboratory 

(Roberts et al., 2023) represent the best 

available information regarding marine 

mammal densities in the proposed 

Survey Area. These density data 

incorporate aerial and shipboard linetransect survey data from NMFS and 

other organizations and incorporate data 

from numerous physiographic and 

dynamic oceanographic and biological 

covariates, and controls for the 

influence of sea state, group size, 

availability bias, and perception bias on 

the probability of making a sighting. 

These density models were originally 

developed for all cetacean taxa in the 

U.S. Atlantic in 2016 and models for all 

taxa were updated in 2022 (Roberts et 

al., 2023). More information is available 

online at: https://seamap.env.duke.edu/ 

models/Duke/EC/. Marine mammal 

density estimates in the proposed 

Survey Area (animals/km2) were 

obtained using the most recent model 

results for all taxa. 

For the exposure analysis, density 

data from Roberts et al. (2023) were 

mapped using a geographic information 

system (GIS). For the proposed Survey 

Area, the monthly densities of each 

species as reported by Roberts et al. 

(2023) were averaged by season; thus, a 

density was calculated for each species 

for spring, summer, fall, and winter. 

Density seasonal averages were 

calculated for both the nearshore and 

offshore areas (i.e., inside and outside 

the 10-m isobath) for each species to 

assess the greatest average seasonal 

densities for each species. To be 

conservative since the exact timing for 

the survey during the year is uncertain, 

the greatest average seasonal density 

calculated for each species was carried 

forward in the exposure analysis, with 

exceptions noted later in this 

discussion. Estimated greatest average 

seasonal densities (animals/km2) of 

marine mammal species that may be 

taken incidental to the proposed survey 

can be found in tables C–1 and C–2 of 

Atlantic Shores’ IHA application. 

Below, we discuss how densities were 

assumed to apply to specific species for 

which the Roberts et al. (2023) models 

provide results at the genus or guild 

level. 

There are two stocks of bottlenose 

dolphins that may be impacted by the 

surveys (Western North Atlantic 

Northern Migratory Coastal Stock 

(coastal stock) and Western North 

Atlantic Offshore Stock (offshore 

stock)), however, Roberts et al. (2023) 

do not differentiate by stock. These two 

stocks are considered geographically 

separated and multiple isobaths, 

including the 20-m (Hayes et al. 2021) 

and 25-m (Hayes et al. 2020), have been 

considered as the delineation between 

the two. Atlantic Shores used the 25-m 

isobath in their calculation and NMFS 

has accepted this interpretation. The 

nearshore area of the proposed Survey 

Area is considered waters less than 10 

m depth and only the coastal stock 

would occur and potentially be taken by 

survey effort in that area. Both stocks 

could occur in the offshore area (greater 

than 10 m depth), so Atlantic Shores 

calculated separate mean seasonal 

densities to use for estimating take of 

the coastal and offshore stocks of 

bottlenose dolphins, respectively. 

In addition, the Roberts et al. (2023) 

density model does not differentiate 

between the different pinniped species. 

For seals, given their size and behavior 

when in the water, seasonality, and 

feeding preferences, there is limited 

information available on speciesspecific distribution. Density estimates 

from Roberts et al. (2023) include all 

seal species that may occur in the 

Western North Atlantic combined (i.e., 

gray, harbor, harp, hooded). For this 

IHA, only gray seals and harbor seals are 

reasonably expected to occur in the 

proposed Survey Area; densities of seals 

were split evenly between these two 

species. 

Finally, the Roberts et al. (2023) 

density model does not differentiate 

between pilot whale species. While the 

exact latitudinal ranges of the two 

species are uncertain, only long-finned 

pilot whales are expected to occur in 

this project area due to their more 

northerly distribution and tolerance of 

shallower, colder shelf waters (Hayes et 

al., 2022). Short-finned pilot whales are 

not anticipated to occur as far north as 

the Survey Area so we assume that all 

pilot whales near the project area would 

be long-finned pilot whales (Garrison 

and Rosel, 2017). For this IHA, densities 

of pilot whales are assumed to be only 

long-finned pilot whale. 

Take Estimation 

Here, we describe how the 

information provided above is 

synthesized to produce a quantitative 

estimate of the take that is reasonably 

likely to occur and proposed for 

authorization. 

In order to estimate the number of 

marine mammals predicted to be 

exposed to sound levels that would 

result in harassment, radial distances to 

predicted isopleths corresponding to 

Level B harassment thresholds were 

calculated, as described above. The 

distance (i.e., 56 m distance associated 

with the sparker system) to the Level B 

harassment criterion and the total length 

of the survey trackline were then used 

to calculate the total ensonified area, or 

harassment zone, around the survey 

vessel. Atlantic Shores proposes to 

conduct HRG surveys for a maximum 

total of 28,800 km trackline length, of 

which 25,200 km are in the offshore 

area and 3,600 km are in the nearshore 

area. Based on the maximum estimated 

distance to the Level B harassment 

threshold (56 m) for the sparker system 

and maximum total survey length, the 

total ensonified area is 3,228 km2 (2,824 

km2 offshore area and 404 km2

nearshore area), based on the following 

formula, where the total estimated 

trackline length (Distance/day) in each 

area was used and buffered with the 

horizontal distance to the Level B 

harassment threshold (r) to determine 

the total area ensonified to 160 dB SPL. 

Harassment Zone = (Distance/day × 2r) 

+ pr2

The number of marine mammals 

expected to be incidentally taken during 

the total survey is then calculated by 

estimating the number of each species 

predicted to occur within the ensonified 

area (animals/km2), incorporating the 

greatest seasonal estimated marine 

mammal densities as described above. 

The product is then rounded to generate 

an estimate of the total number of 

instances of harassment expected for 

each species over the duration of the 

survey (up to 300 days). A summary of 

this method is illustrated in the 

following formula, where the 

Harassment Zone is multiplied by the 

highest seasonal mean density (D) of 

each species or stock (animals/km2; 

except for pilot whales where annual 

density was used based on data 

availability). 

Estimated Take = Harassment Zone × 

D × number of days 

The resulting take of marine mammals 

(Level B harassment) is shown in table 

5. 


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TABLE 5—ESTIMATED TAKE NUMBERS AND TOTAL TAKE PROPOSED FOR AUTHORIZATION

Species 

Nearshore survey 

area maximum 

seasonal density 

(No./100 km2) a

Nearshore 

survey area 

calculated 

take 

Offshore survey 

area maximum 

seasonal density 

(No./100 km2) a

Offshore 

survey area 

calculated 

take 

Total adjusted 

estimated take 

requested 

(No.) 

Estimated 

takes as a 

percentage 

of population 

N Atlantic right whale .................................................... 0.058 0 0.075 2 2 <1 

Fin whale ....................................................................... 0.004 0 0.135 4 4 <1 

Humpback whale ........................................................... 0.058 0 0.105 3 3 <1 

Minke whale .................................................................. 0.04 0 0.585 17 17 <1 

Sei whale ....................................................................... 0.004 0 0.046 1 d 2 <1 

Long-finned pilot whale b ............................................... 0 0 0.071 2 d 9 <1 

Atlantic spotted dolphin ................................................. 0.002 0 0.657 19 d 25 <1 

Atlantic white-sided dolphin .......................................... 0.009 0 0.731 21 21 <1 

Bottlenose dolphin Northern migratory coastal stock ... 64.596 261 17.155 e 194 455 6.9 

Bottlenose dolphin offshore stock ................................. NA NA 17.155 e 291 291 <1 

Risso’s dolphin .............................................................. 0 0 0.078 2 d 8 <1 

Common dolphin ........................................................... 0.128 0.5 6.517 184 185 <1 

Harbor porpoise ............................................................ 0.393 2 3.374 95 97 <1 

Gray seal c ..................................................................... 10.022 41 5.886 166 207 <1 

Harbor seal c .................................................................. 10.022 41 5.886 166 207 <1 

Note: The nearshore survey area is delineated as waters less than 10 m depth while the offshore survey area is delineated as waters greater than 10 m depth. a Cetacean density values from Duke University (Roberts et al., 2023). bPilot whale density models from Duke University (Roberts et al., 2023) represent pilot whales as a ‘guild’ rather than by species. However, since the Survey Area 

is only expected to contain long-finned pilot whales, it is assumed that pilot whale densities modeled by Roberts et al. (2023) in the Survey Area only reflect the presence of long-finned pilot whales. cPinniped density models from Duke University (Roberts et al., 2023) represent ‘seals’ as a guild rather than by species. These each represent 50 percent of a generic seal density value. dThe number of authorized takes (Level B harassment only) for these species has been increased from the calculated take to consider the mean group size. 

Source for Atlantic spotted dolphin, long-finned pilot whale, Risso’s dolphin, and sei whale group size estimates is Annual Report of a Comprehensive Assessment of 

Marine Mammal, Marine Turtle, and Seabird Abundance and Spatial Distribution in U.S. waters of the Western North Atlantic Ocean (AMAPPS; NEFSC and SEFSC, 

2022). e Density and take numbers were proportioned per stock as a function of depth. More information provided in Section 6.3 of the IHA application. 

Proposed Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks, and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, 

NMFS considers two primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat. This considers 

the nature of the potential adverse 

impact being mitigated (likelihood, 

scope, range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 

(probability implemented as planned), 

and; 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost, and 

impact on operations. 

Pursuant to section 7 of the ESA, 

Atlantic Shores is also required to 

adhere to relevant Project Design 

Criteria (PDC) of the NMFS’ Greater 

Atlantic Regional Fisheries Office 

(GARFO) programmatic consultation 

(specifically PDCs 4, 5, and 7) regarding 

geophysical surveys along the U.S. 

Atlantic coast (https://www.fisheries.

noaa.gov/new-england-mid-atlantic/ 

consultations/section-7-take-reportingprogrammatics-greateratlantic#offshore-wind-site-assessmentand-site-characterization-activitiesprogrammatic-consultation). 

NMFS proposes the following 

mitigation measures be implemented 

during Atlantic Shores’ proposed 

marine site characterization surveys. 

Visual Monitoring and Shutdown Zones 

Atlantic Shores must employ 

independent, dedicated, trained 

protected species observers (PSOs), 

meaning that the PSOs must (1) be 

employed by a third-party observer 

provider, (2) have no tasks other than to 

conduct observational effort, collect 

data, and communicate with and 

instruct relevant vessel crew with regard 

to the presence of marine mammals and 

mitigation requirements (including brief 

alerts regarding maritime hazards), and 

(3) have successfully completed an 

approved PSO training course 

appropriate for geophysical surveys. 

Visual monitoring must be performed by 

qualified, NMFS-approved PSOs. PSO 

resumes must be provided to NMFS for 

review and approval prior to the start of 

survey activities. 

During survey operations (e.g., any 

day in which use of the sparker system 

is planned to occur, and whenever the 

sparker system is in the water, whether 

activated or not), a minimum of one 

visual marine mammal observer (PSO) 

must be on duty on each source vessel 

and conducting visual observations at 

all times during daylight hours (i.e., 

from 30 minutes (min) prior to sunrise 

through 30 min following sunset). A 

minimum of two PSOs must be on duty 

on each source vessel during nighttime 

hours. Visual monitoring must begin no 

less than 30 min prior to ramp-up 

(described below) and must continue 

until 30 min after use of the sparker 

system ceases. 

Visual PSOs shall coordinate to 

ensure 360° visual coverage around the 

vessel from the most appropriate 

observation posts and shall conduct 

visual observations using binoculars 

and the naked eye while free from 

distractions and in a consistent, 

systematic, and diligent manner. PSOs 

shall establish and monitor applicable 

pre-start clearance and shutdown zones 

(see below). These zones shall be based 

upon the radial distance from the 


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sparker system (rather than being based 

around the vessel itself). 

Two pre-start clearance and shutdown 

zones are defined, depending on the 

species and context. Here, an extended 

pre-start clearance and shutdown zone 

encompassing the area at and below the 

sea surface out to a radius of 500 m from 

the sparker system (0–500 m) is defined 

for NARW. For all other marine 

mammals, the pre-start clearance and 

shutdown zone encompasses a standard 

distance of 100 m (0–100 m) during the 

use of the sparker. Any observations of 

marine mammals by crew members 

aboard any vessel associated with the 

survey shall be relayed to the PSO team. 

Visual PSOs may be on watch for a 

maximum of 4 consecutive hours 

followed by a break of at least 1 hr 

between watches and may conduct a 

maximum of 12 hr of observation per 

24-hr period. 

Pre-Start Clearance and Ramp-Up 

Procedures 

A ramp-up procedure, involving a 

gradual increase in source level output, 

is required at all times as part of the 

activation of the sparker system when 

technically feasible. If technically 

feasible, operators must ramp up 

sparker to half power for 5 min and then 

proceed to full power. A 30 min prestart clearance observation period of the 

pre-start clearance zones must occur 

prior to the start of ramp-up. The intent 

of the pre-start clearance observation 

period (30 min) is to ensure no marine 

mammals are within the pre-start 

clearance zones prior to the beginning of 

ramp-up. The intent of the ramp-up is 

to warn marine mammals of pending 

operations and to allow sufficient time 

for those animals to leave the immediate 

vicinity. All operators must adhere to 

the following pre-start clearance and 

ramp-up requirements: 

• The operator must notify a 

designated PSO of the planned start of 

ramp-up as agreed upon with the lead 

PSO; the notification time should not be 

less than 60 min prior to the planned 

ramp-up in order to allow the PSOs time 

to monitor the pre-start clearance zones 

for 30 min prior to the initiation of 

ramp-up (pre-start clearance). During 

this 30 min pre-start clearance period 

the entire pre-start clearance zone must 

be visible, except as indicated below. 

• Ramp-ups shall be scheduled so as 

to minimize the time spent with the 

sparker activated. 

• A visual PSO conducting pre-start 

clearance observations must be notified 

again immediately prior to initiating 

ramp-up procedures and the operator 

must receive confirmation from the PSO 

to proceed. 

• Any PSO on duty has the authority 

to delay the start of survey operations if 

a marine mammal is detected within the 

applicable pre-start clearance zone. 

• The operator must establish and 

maintain clear lines of communication 

directly between PSOs on duty and 

crew controlling the acoustic source to 

ensure that mitigation commands are 

conveyed swiftly while allowing PSOs 

to maintain watch. 

If there is uncertainty regarding 

identification of a marine mammal 

species, PSOs may use best professional 

judgment in making the decision to call 

for a shutdown. 

• Ramp-up may not be initiated if any 

marine mammal to which the pre-start 

clearance requirement applies is within 

the pre-start clearance zone. If a marine 

mammal is observed within the pre-start 

clearance zone during the 30 min prestart clearance period, ramp-up may not 

begin until the animal(s) has been 

observed exiting the zones or until an 

additional time period has elapsed with 

no further sightings. 

• PSOs must monitor the pre-start 

clearance zones 30 min before and 

during ramp-up, and ramp-up must 

cease and the sparker must be shut 

down upon observation of a marine 

mammal within the applicable pre-start 

clearance zone. 

• Ramp-up may occur at times of 

poor visibility, including nighttime, if 

appropriate visual monitoring has 

occurred with no detections of marine 

mammals in the 30 min prior to 

beginning ramp-up. Sparker activation 

may only occur at night where 

operational planning cannot reasonably 

avoid such circumstances. 

If the sparker is shut down for brief 

periods (i.e., less than 30 min) for 

reasons other than implementation of 

prescribed mitigation (e.g., mechanical 

difficulty), it may be activated again 

without ramp-up if PSOs have 

maintained constant visual observation 

and no detections of marine mammals 

have occurred within the applicable 

pre-start clearance zone. For any longer 

shutdown, pre-start clearance 

observation and ramp-up are required. 

Shutdown Procedures 

All operators must adhere to the 

following shutdown requirements: 

• Any PSO on duty has the authority 

to call for shutdown of the sparker 

system if a marine mammal is detected 

within the applicable shutdown zones. 

• The operator must establish and 

maintain clear lines of communication 

directly between PSOs on duty and 

crew controlling the source to ensure 

that shutdown commands are conveyed 

swiftly while allowing PSOs to maintain 

watch. 

• When the sparker system is active 

and a marine mammal appears within or 

enters the applicable shutdown zones, 

the sparker must be shut down. When 

shutdown is instructed by a PSO, the 

sparker system must be immediately 

deactivated and any dispute resolved 

only following deactivation. 

• Two shutdown zones are defined, 

depending on the species and context. 

An extended shutdown zone 

encompassing the area at and below the 

sea surface out to a radius of 500 m from 

the sparker system (0–500 m) is defined 

for NARW. For all other marine 

mammals, the shutdown zone 

encompasses a standard distance of 100 

m (0–100 m) during the use of the 

sparker. 

The shutdown requirement is waived 

for small delphinids and pinnipeds. If a 

small delphinid (individual belonging 

to the following genera of the Family 

Delphinidae: Delphinus, 

Lagenorhynchus, Stenella, and 

Tursiops) or pinniped is visually 

detected within the shutdown zones, no 

shutdown is required unless the PSO 

confirms the individual to be of a genus 

other than those listed, in which case a 

shutdown is required. 

If there is uncertainty regarding 

identification of a marine mammal 

species (i.e., whether the observed 

marine mammal(s) belongs to one of the 

delphinid genera for which shutdown is 

waived or one of the species with a 

larger shutdown zone), PSOs may use 

best professional judgment in making 

the decision to call for a shutdown. 

Upon implementation of shutdown, 

the sparker may be reactivated after the 

marine mammal has been observed 

exiting the applicable shutdown zone or 

following a clearance period (30 min for 

all baleen whale species, long-finned 

pilot whales, and Risso’s dolphins; 15 

min for harbor porpoises) with no 

further detection of the marine mammal. 

If a species for which authorization 

has not been granted, or a species for 

which authorization has been granted 

but the authorized number of takes have 

been met, approaches or is observed 

within the Level B harassment zone (56 

m), shutdown must occur. 

Vessel Strike Avoidance 

Crew and supply vessel personnel 

must use an appropriate reference guide 

that includes identifying information on 

all marine mammals that may be 

encountered. Vessel operators must 

comply with the below measures except 

under extraordinary circumstances 

when the safety of the vessel or crew is 

in doubt or the safety of life at sea is in 


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question. These requirements do not 

apply in any case where compliance 

would create an imminent and serious 

threat to a person or vessel or to the 

extent that a vessel is restricted in its 

ability to maneuver and, because of the 

restriction, cannot comply. 

Vessel operators and crews must 

maintain a vigilant watch for all marine 

mammals and slow down, stop their 

vessel(s), or alter course, as appropriate 

and regardless of vessel size, to avoid 

striking any marine mammals. A single 

marine mammal at the surface may 

indicate the presence of submerged 

animals in the vicinity of the vessel; 

therefore, precautionary measures 

should always be exercised. A visual 

observer aboard the vessel must monitor 

a vessel strike avoidance zone around 

the vessel (species-specific distances are 

detailed below). Visual observers 

monitoring the vessel strike avoidance 

zone may be third-party observers (i.e., 

PSOs) or crew members, but crew 

members responsible for these duties 

must be provided sufficient training to 

(1) distinguish marine mammal from 

other phenomena, and (2) broadly to 

identify a marine mammal as a NARW, 

other whale (defined in this context as 

baleen whales other than NARWs), or 

other marine mammals. 

All survey vessels, regardless of size, 

must observe a 10-kn (18.52 km/hr) 

speed restriction in specific areas 

designated by NMFS for the protection 

of NARWs from vessel strikes. These 

include all SMAs established under 50 

CFR 224.105 (when in effect), any 

dynamic management areas (DMA) 

(when in effect), and Slow Zones. See 

https://www.fisheries.noaa.gov/ 

national/endangered-speciesconservation/reducing-ship-strikesnorth-atlantic-right-whales for specific 

detail regarding these areas. 

• All vessels must reduce speed to 10 

kn or less when mother/calf pairs, pods, 

or large assemblages of cetaceans are 

observed near a vessel. 

• All vessels must maintain a 

minimum separation distance of 500 m 

from NARWs, other ESA-listed species, 

and any unidentified large whales. If a 

NARW, other ESA-listed species, and 

any unidentified large whale is sighted 

within the relevant separation distance, 

the vessel must steer a course away at 

10 kn or less until the 500-m separation 

distance has been established. If a whale 

is observed but cannot be confirmed as 

a species other than a NARW, the vessel 

operator must assume that it is a NARW 

and take appropriate action. 

• All vessels must maintain a 

minimum separation distance of 100 m 

from all non-ESA-listed baleen whales. 

• All vessels must, to the maximum 

extent practicable, attempt to maintain a 

minimum separation distance of 50 m 

from all other marine mammals, with an 

understanding that at times this may not 

be possible (e.g., for animals that 

approach the vessel). 

• When marine mammals are sighted 

while a vessel is underway, the vessel 

must take action as necessary to avoid 

violating the relevant separation 

distance (e.g., attempt to remain parallel 

to the animal’s course, avoid excessive 

speed or abrupt changes in direction 

until the animal has left the area, reduce 

speed and shift the engine to neutral). 

This does not apply to any vessel 

towing gear or any vessel that is 

navigationally constrained. 

Atlantic Shores and members of the 

PSO team will consult the NMFS 

NARW reporting system and Whale 

Alert, daily and as able, for the presence 

of NARWs throughout survey 

operations, and for the establishment of 

DMAs and/or Slow Zones. It is Atlantic 

Shores’ responsibility to maintain 

awareness of the establishment and 

location of any such areas and to abide 

by these requirements accordingly. 

Seasonal Operating Requirements 

As described above, a section of the 

proposed Survey Area partially overlaps 

with portions of two NARW SMAs off 

the ports of New York/New Jersey and 

the entrance to Delaware Bay. These 

SMAs are active from November 1 

through April 30 of each year. The 

survey vessels, regardless of length, 

would be required to adhere to vessel 

speed restrictions (less than 10 kn) 

when operating within the SMAs during 

times when the SMAs are active (table 

6). 

TABLE 6—NORTH ATLANTIC RIGHT WHALE DYNAMIC MANAGEMENT AREA (DMA) AND SEASONAL MANAGEMENT AREA

(SMA) RESTRICTIONS WITHIN THE SURVEY AREA

Survey area Species DMA restrictions Slow zones SMA restrictions 

Survey Area (outside 

SMA).

North Atlantic right 

whale.

If established by NMFS, all of Atlantic Shores’ vessel will abide by 

the described restrictions.

If established by NMFS, all of Atlantic Shores’ vessel will abide by 

the described restrictions.

N/A. 

Survey Area (within 

SMA).

North Atlantic right 

whale.

If established by NMFS, all of Atlantic Shores’ vessel will abide by 

the described restrictions.

If established by NMFS, all of Atlantic Shores’ vessel will abide by 

the described restrictions.

November 1 through April 30 (Ports 

of New York/New Jersey and entrance to the Delaware Bay). 

Note: More information on Vessel Strike Reduction for the NARW can be found at NMFS’ website: https://www.fisheries.noaa.gov/national/endangered-speciesconservation/reducing-vessel-strikes-north-atlantic-right-whales. 

Based on our evaluation of the 

applicant’s proposed measures, NMFS 

has preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable impact on the affected 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring and Reporting 

In order to issue an IHA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

requirements pertaining to the 

monitoring and reporting of such taking. 

The MMPA implementing regulations at 

50 CFR 216.104(a)(13) indicate that 

requests for authorizations must include 

the suggested means of accomplishing 

the necessary monitoring and reporting 

that will result in increased knowledge 

of the species and of the level of taking 

or impacts on populations of marine 

mammals that are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 

most value is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) action or 

environment (e.g., source 

characterization, propagation, ambient 


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noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

activity; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Proposed Monitoring Measures 

Visual monitoring must be performed 

by qualified, NMFS-approved PSOs. 

Atlantic Shores must submit PSO 

resumes for NMFS review and approval 

prior to commencement of the survey. 

Resumes should include dates of 

training and any prior NMFS approval, 

as well as dates and description of last 

experience, and must be accompanied 

by information documenting successful 

completion of an acceptable training 

course. 

For prospective PSOs not previously 

approved, or for PSOs whose approval 

is not current, NMFS must review and 

approve PSO qualifications. Resumes 

should include information related to 

relevant education, experience, and 

training, including dates, duration, 

location, and description of prior PSO 

experience. Resumes must be 

accompanied by relevant 

documentation of successful completion 

of necessary training. 

NMFS may approve PSOs as 

conditional or unconditional. A 

conditionally-approved PSO may be one 

who is trained but has not yet attained 

the requisite experience. An 

unconditionally-approved PSO is one 

who has attained the necessary 

experience. For unconditional approval, 

the PSO must have a minimum of 90 

days at sea performing the role during 

a geophysical survey, with the 

conclusion of the most recent relevant 

experience not more than 18 months 

previous. 

At least one of the visual PSOs aboard 

the vessel must be unconditionallyapproved. One unconditionallyapproved visual PSO shall be 

designated as the lead for the entire PSO 

team. This lead should typically be the 

PSO with the most experience, who 

would coordinate duty schedules and 

roles for the PSO team and serve as 

primary point of contact for the vessel 

operator. To the maximum extent 

practicable, the duty schedule shall be 

planned such that unconditionallyapproved PSOs are on duty with 

conditionally-approved PSOs. 

At least one PSO aboard each acoustic 

source vessel must have a minimum of 

90 days at-sea experience working in the 

role, with no more than 18 months 

elapsed since the conclusion of the atsea experience. One PSO with such 

experience must be designated as the 

lead for the entire PSO team and serve 

as the primary point of contact for the 

vessel operator. (Note that the 

responsibility of coordinating duty 

schedules and roles may instead be 

assigned to a shore-based, third-party 

monitoring coordinator.) To the 

maximum extent practicable, the lead 

PSO must devise the duty schedule 

such that experienced PSOs are on duty 

with those PSOs with appropriate 

training but who have not yet gained 

relevant experience. 

PSOs must successfully complete 

relevant training, including completion 

of all required coursework and passing 

(80 percent or more) a written and/or 

oral examination developed for the 

training program. 

PSOs must have successfully attained 

a bachelor’s degree from an accredited 

college or university with a major in one 

of the natural sciences, a minimum of 

30 semester hours or equivalent in the 

biological sciences, and at least one 

undergraduate course in math or 

statistics. The educational requirements 

may be waived if the PSO has acquired 

the relevant skills through alternate 

experience. Requests for such a waiver 

shall be submitted to NMFS and must 

include written justification. Alternate 

experience that may be considered 

includes, but is not limited to (1) 

secondary education and/or experience 

comparable to PSO duties; (2) previous 

work experience conducting academic, 

commercial, or government-sponsored 

marine mammal surveys; and (3) 

previous work experience as a PSO 

(PSO must be in good standing and 

demonstrate good performance of PSO 

duties). 

Atlantic Shores must work with the 

selected third-party PSO provider to 

ensure PSOs have all equipment 

(including backup equipment) needed 

to adequately perform necessary tasks, 

including accurate determination of 

distance and bearing to observed marine 

mammals, and to ensure that PSOs are 

capable of calibrating equipment as 

necessary for accurate distance 

estimates and species identification. 

Such equipment, at a minimum, shall 

include: 

• At least one thermal (infrared) 

imaging device suited for the marine 

environment; 

• Reticle binoculars (e.g., 7 × 50) of 

appropriate quality (at least one per 

PSO, plus backups); 

• Global positioning units (GPS) (at 

least one plus backups); 

• Digital cameras with a telephoto 

lens that is at least 300-mm or 

equivalent on a full-frame single lens 

reflex (SLR) (at least one plus backups). 

The camera or lens should also have an 

image stabilization system; 

• Equipment necessary for accurate 

measurement of distances to marine 

mammal; 

• Compasses (at least one plus 

backups); 

• Means of communication among 

vessel crew and PSOs; and, 

• Any other tools deemed necessary 

to adequately and effectively perform 

PSO tasks. 

The equipment specified above may 

be provided by an individual PSO, the 

third-party PSO provider, or the 

operator, but Atlantic Shores is 

responsible for ensuring PSOs have the 

proper equipment required to perform 

the duties specified in the IHA. 

Reference materials must be available 

aboard all project vessels for 

identification of protected species. 

The PSOs will be responsible for 

monitoring the waters surrounding the 

survey vessel to the farthest extent 

permitted by sighting conditions, 

including pre-start clearance and 

shutdown zones, during all HRG survey 

operations. PSOs will visually monitor 

and identify marine mammals, 

including those approaching or entering 

the established pre-start clearance and 

shutdown zones during survey 

activities. It will be the responsibility of 

the PSO(s) on duty to communicate the 

presence of marine mammals as well as 

to communicate the action(s) that are 

necessary to ensure mitigation and 

monitoring requirements are 

implemented as appropriate. 

PSOs must be equipped with 

binoculars and have the ability to 

estimate distance and bearing to detect 

marine mammals, particularly in 

proximity to shutdown zones. 

Reticulated binoculars must also be 

available to PSOs for use as appropriate 

based on conditions and visibility to 

support the sighting and monitoring of 

marine mammals. During nighttime 

operations, appropriate night-vision 

devices (e.g., night-vision goggles with 

thermal clip-ons and infrared 


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technology) would be used. Position 

data would be recorded using hand-held 

or vessel GPS units for each sighting. 

During good conditions (e.g., daylight 

hours; Beaufort sea state (BSS) 3 or less), 

to the maximum extent practicable, 

PSOs must also conduct observations 

when the acoustic source is not 

operating for comparison of sighting 

rates and behavior with and without use 

of the active acoustic sources and 

between acquisition periods. Any 

observations of marine mammals by 

crew members aboard the vessel 

associated with the survey would be 

relayed to the PSO team. 

Data on all PSO observations would 

be recorded based on standard PSO 

collection requirements (see Proposed 

Reporting Measures). This would 

include dates, times, and locations of 

survey operations; dates and times of 

observations, location and weather; 

details of marine mammal sightings 

(e.g., species, numbers, behavior); and 

details of any observed marine mammal 

behavior that occurs (e.g., noted 

behavioral disturbances). Members of 

the PSO team shall consult the NMFS 

NARW reporting system and Whale 

Alert, daily and as able, for the presence 

of NARWs throughout survey 

operations. 

Proposed Reporting Measures 

Atlantic Shores shall submit a draft 

comprehensive report to NMFS on all 

activities and monitoring results within 

90 days of the completion of the survey 

or expiration of the IHA, whichever 

comes sooner. The report must describe 

all activities conducted and sightings of 

marine mammals, must provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring, and must summarize the 

dates and locations of survey operations 

and all marine mammals sightings 

(dates, times, locations, activities, 

associated survey activities). The draft 

report shall also include geo-referenced, 

time-stamped vessel tracklines for all 

time periods during which acoustic 

sources were operating. Tracklines 

should include points recording any 

change in acoustic source status (e.g., 

when the sources began operating, when 

they were turned off, or when they 

changed operational status such as from 

full array to single gun or vice versa). 

GIS files shall be provided in 

Environmental Systems Research 

Institute, Inc. (ESRI) shapefile format 

and include the Coordinated Universal 

Time (UTC) date and time, latitude in 

decimal degrees, and longitude in 

decimal degrees. All coordinates shall 

be referenced to the WGS84 geographic 

coordinate system. In addition to the 

report, all raw observational data shall 

be made available. The report must 

summarize the information. A final 

report must be submitted within 30 days 

following resolution of any comments 

on the draft report. All draft and final 

marine mammal monitoring reports 

must be submitted to 

PR.ITP.MonitoringReports@noaa.gov, 

nmfs.gar.incidental-take@noaa.gov, and 

ITP.clevenstine@noaa.gov. 

PSOs must use standardized 

electronic data forms to record data. 

PSOs shall record detailed information 

about any implementation of mitigation 

requirements, including the distance of 

marine mammal to the acoustic source 

and description of specific actions that 

ensued, the behavior of the animal(s), 

any observed changes in behavior before 

and after implementation of mitigation, 

and if shutdown was implemented, the 

length of time before any subsequent 

ramp-up of the acoustic source. If 

required mitigation was not 

implemented, PSOs should record a 

description of the circumstances. At a 

minimum, the following information 

must be recorded: 

1. Vessel names (source vessel), vessel 

size and type, maximum speed 

capability of vessel; 

2. Dates of departures and returns to 

port with port name; 

3. PSO names and affiliations; 

4. Date and participants of PSO 

briefings; 

5. Visual monitoring equipment used; 

6. PSO location on vessel and height 

of observation location above water 

surface; 

7. Dates and times (Greenwich Mean 

Time) of survey on/off effort and times 

corresponding with PSO on/off effort; 

8. Vessel location (decimal degrees) 

when survey effort begins and ends and 

vessel location at beginning and end of 

visual PSO duty shifts; 

9. Vessel location at 30-second 

intervals if obtainable from data 

collection software, otherwise at 

practical regular interval; 

10. Vessel heading and speed at 

beginning and end of visual PSO duty 

shifts and upon any change; 

11. Water depth (if obtainable from 

data collection software); 

12. Environmental conditions while 

on visual survey (at beginning and end 

of PSO shift and whenever conditions 

change significantly), including BSS 

and any other relevant weather 

conditions including cloud cover, fog, 

sun glare, and overall visibility to the 

horizon; 

13. Factors that may contribute to 

impaired observations during each PSO 

shift change or as needed as 

environmental conditions change (e.g., 

vessel traffic, equipment malfunctions); 

and, 

14. Survey activity information (and 

changes thereof), such as acoustic 

source power output while in operation, 

number and volume of airguns 

operating in an array, tow depth of an 

acoustic source, and any other notes of 

significance (i.e., pre-start clearance, 

ramp-up, shutdown, testing, shooting, 

ramp-up completion, end of operations, 

streamers, etc.). 

15. Upon visual observation of any 

marine mammal, the following 

information must be recorded: 

a. Watch status (sighting made by PSO 

on/off effort, opportunistic, crew, 

alternate vessel/platform); 

b. Vessel/survey activity at time of 

sighting (e.g., deploying, recovering, 

testing, shooting, data acquisition, 

other); 

c. PSO who sighted the animal; 

d. Time of sighting; 

e. Initial detection method; 

f. Sightings cue; 

g. Vessel location at time of sighting 

(decimal degrees); 

h. Direction of vessel’s travel 

(compass direction); 

i. Speed of the vessel(s) from which 

the observation was made; 

j. Identification of the animal (e.g., 

genus/species, lowest possible 

taxonomic level or unidentified); also 

note the composition of the group if 

there is a mix of species; 

k. Species reliability (an indicator of 

confidence in identification); 

l. Estimated distance to the animal 

and method of estimating distance; 

m. Estimated number of animals 

(high/low/best); 

n. Estimated number of animals by 

cohort (adults, yearlings, juveniles, 

calves, group composition, etc.); 

o. Description (as many 

distinguishing features as possible of 

each individual seen, including length, 

shape, color, pattern, scars, or markings, 

shape and size of dorsal fin, shape of 

head, and blow characteristics); 

p. Detailed behavior observations 

(e.g., number of blows/breaths, number 

of surfaces, breaching, spyhopping, 

diving, feeding, traveling; as explicit 

and detailed as possible; note any 

observed changes in behavior before and 

after point of closest approach); 

q. Mitigation actions; description of 

any actions implemented in response to 

the sighting (e.g., delays, shutdowns, 

ramp-up, speed or course alteration, 

etc.) and time and location of the action; 

r. Equipment operating during 

sighting; 

s. Animal’s closest point of approach 

and/or closest distance from the center 

point of the acoustic source; and, 


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t. Description of any actions 

implemented in response to the sighting 

(e.g., delays, shutdown, ramp-up) and 

time and location of the action. 

If a NARW is observed at any time by 

PSOs or personnel on the project vessel, 

during surveys or during vessel transit, 

Atlantic Shores must report the sighting 

information to the NMFS NARW 

Sighting Advisory System (866–755– 

6622) within 2 hr of occurrence, when 

practicable, or no later than 24 hr after 

occurrence. NARW sightings in any 

location may also be reported to the U.S. 

Coast Guard via channel 16 and through 

the Whale Alert app (https://

www.whalealert.org). 

In the event that personnel involved 

in the survey activities discover an 

injured or dead marine mammal, the 

incident must be reported to NMFS as 

soon as feasible by phone (866–755– 

6622) and by email (nmfs.gar.incidentaltake@noaa.gov and 

PR.ITP.MonitoringReports@noaa.gov). 

The report must include the following 

information: 

1. Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

2. Species identification (if known) or 

description of the animal(s) involved; 

3. Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

4. Observed behaviors of the 

animal(s), if alive; 

5. If available, photographs or video 

footage of the animal(s); and 

6. General circumstances under which 

the animal was discovered. 

In the event of a vessel strike of a 

marine mammal by any vessel involved 

in the activities, Atlantic Shores must 

report the incident to NMFS by phone 

(866–755–6622) and by email 

(nmfs.gar.incidental-take@noaa.gov and 

PR.ITP.MonitoringReports@noaa.gov) as 

soon as feasible. The report would 

include the following information: 

1. Time, date, and location (latitude/ 

longitude) of the incident; 

2. Species identification (if known) or 

description of the animal(s) involved; 

3. Vessel’s speed during and leading 

up to the incident; 

4. Vessel’s course/heading and what 

operations were being conducted (if 

applicable); 

5. Status of all sound sources in use; 

6. Description of avoidance measures/ 

requirements that were in place at the 

time of the strike and what additional 

measures were taken, if any, to avoid 

strike; 

7. Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, visibility) 

immediately preceding the strike; 

8. Estimated size and length of animal 

that was struck; 

9. Description of the behavior of the 

marine mammal immediately preceding 

and/or following the strike; 

10. If available, description of the 

presence and behavior of any other 

marine mammals immediately 

preceding the strike; 

11. Estimated fate of the animal (e.g., 

dead, injured but alive, injured and 

moving, blood or tissue observed in the 

water, status unknown, disappeared); 

and 

12. To the extent practicable, 

photographs or video footage of the 

animal(s). 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), as well as 

effects on habitat, and the likely 

effectiveness of the mitigation. We also 

assess the number, intensity, and 

context of estimated takes by evaluating 

this information relative to population 

status. Consistent with the 1989 

preamble for NMFS’ implementing 

regulations (54 FR 40338, September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the baseline (e.g., as 

reflected in the regulatory status of the 

species, population size and growth rate 

where known, ongoing sources of 

human-caused mortality, or ambient 

noise levels). 

To avoid repetition, the discussion of 

our analysis applies to all the species 

listed in table 3, given that the 

anticipated effects of this activity on 

these different marine mammal stocks 

are expected to be similar in nature. 

Where there are meaningful differences 

between species or stocks, or groups of 

species, in anticipated individual 

responses to activities, impact of 

expected take on the population due to 

differences in population status, or 

impacts on habitat, they are included as 

separate sub-sections below. 

Specifically, we provide additional 

discussion related to NARW and to 

other species currently experiencing 

UMEs. 

NMFS does not anticipate that serious 

injury or mortality would occur as a 

result from HRG surveys, even in the 

absence of mitigation, and no serious 

injury or mortality is proposed to be 

authorized. As discussed in the 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

section, non-auditory physical effects, 

auditory physical effects, and vessel 

strike are not expected to occur. NMFS 

expects that all potential takes would be 

in the form of Level B harassment in the 

form of temporary avoidance of the area 

or decreased foraging (if such activity 

was occurring), reactions that are 

considered to be of low severity and 

with no lasting biological consequences 

(e.g., Southall et al., 2007, Ellison et al., 

2012). 

In addition to being temporary, the 

maximum expected harassment zone 

around a survey vessel is 56 m. 

Therefore, the ensonified area 

surrounding each vessel is relatively 

small compared to the overall 

distribution of the animals in the area 

and their use of the habitat. Feeding 

behavior is not likely to be significantly 

impacted as prey species are mobile and 

are broadly distributed throughout the 

proposed Survey Area; therefore, marine 

mammals that may be temporarily 

displaced during survey activities are 

expected to be able to resume foraging 

once they have moved away from areas 

with disturbing levels of underwater 

noise. Because of the temporary nature 

of the disturbance and the availability of 

similar habitat and resources in the 

surrounding area, the impacts to marine 

mammals and the food sources that they 

utilize are not expected to cause 

significant or long-term consequences 

for individual marine mammals or their 

populations. 

There are no rookeries, mating or 

calving grounds known to be 

biologically important to marine 

mammals within the proposed Survey 

Area and there are no feeding areas 

known to be biologically important to 

marine mammals within the Survey 

Area. There is no designated critical 

habitat for any ESA-listed marine 

mammals in the Survey Area. 


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North Atlantic Right Whales 

The status of the NARW population is 

of heightened concern and, therefore, 

merits additional analysis. As noted 

previously, elevated NARW mortalities 

began in June 2017 and there is an 

active UME. Overall, preliminary 

findings attribute human interactions, 

specifically vessel strikes and 

entanglements, as the cause of death for 

the majority of NARWs. As noted 

previously, the Survey Area overlaps a 

migratory corridor BIA for NARWs that 

extends from Massachusetts to Florida 

and from the coast to beyond the shelf 

break. Due to the fact that the proposed 

survey activities are temporary (will 

occur for up to 1 year) and the spatial 

extent of sound produced by the survey 

would be small relative to the spatial 

extent of the available migratory habitat 

in the BIA, NARW migration is not 

expected to be impacted by the survey. 

This important migratory area is 

approximately 269,488 km2 in size 

(compared with the approximately 

3,228 km2 of total estimated Level B 

harassment ensonified area associated 

with the Survey Area) and is comprised 

of the waters of the continental shelf 

offshore the East Coast of the United 

States, extending from Florida through 

Massachusetts. 

Given the relatively small size of the 

ensonified area, it is unlikely that prey 

availability would be adversely affected 

by HRG survey operations. Required 

vessel strike avoidance measures will 

also decrease risk of vessel strike during 

migration; no vessel strike is expected to 

occur during Atlantic Shores’ proposed 

activities. Additionally, only very 

limited take by Level B harassment of 

NARWs has been requested and is being 

proposed for authorization by NMFS as 

HRG survey operations are required to 

maintain and implement a 500-m 

shutdown zone. The 500-m shutdown 

zone for NARWs is conservative, 

considering the Level B harassment 

zone for the acoustic source (i.e., 

sparker) is estimated to be 56 m, and 

thereby minimizes the intensity and 

duration of any potential incidents of 

behavioral harassment for this species. 

As noted previously, Level A 

harassment is not expected due to the 

small estimated zones in conjunction 

with the aforementioned shutdown 

requirements. NMFS does not anticipate 

NARW takes that would result from 

Atlantic Shores’ proposed activities 

would impact annual rates of 

recruitment or survival. Thus, any takes 

that occur would not result in 

population level impacts. 

Other Marine Mammal Species With 

Active UMEs 

As noted previously, there are several 

active UMEs occurring in the vicinity of 

Atlantic Shores’ Survey Area. Elevated 

humpback whale mortalities have 

occurred along the Atlantic coast from 

Maine through Florida since January 

2016. Of the cases examined, 

approximately half had evidence of 

human interaction (i.e., vessel strike, 

entanglement). The UME does not yet 

provide cause for concern regarding 

population-level impacts. Despite the 

UME, the relevant population of 

humpback whales (the West Indies 

breeding population, or DPS) remains 

stable at approximately 12,000 

individuals. 

Beginning in January 2017, elevated 

minke whale strandings have occurred 

along the Atlantic coast from Maine 

through South Carolina, with highest 

numbers in Massachusetts, Maine, and 

New York. This event does not provide 

cause for concern regarding population 

level impacts, as the likely population 

abundance is greater than 20,000 

whales. 

Elevated numbers of harbor seal and 

gray seal mortalities were first observed 

from 2018–2020 and, as part of a 

separate UME, again in 2022. These 

have occurred across Maine, New 

Hampshire, and Massachusetts. Based 

on tests conducted so far, the main 

pathogen found in the seals is phocine 

distemper virus (2018–2020) and avian 

influenza (2022), although additional 

testing to identify other factors that may 

be involved in the UMEs is underway. 

The UMEs do not provide cause for 

concern regarding population-level 

impacts to any of these stocks. For 

harbor seals, the population abundance 

is over 60,000 and annual M/SI (339) is 

well below PBR (1,729) (Hayes et al., 

2022). The population abundance for 

gray seals in the United States is over 

27,000, with an estimated abundance, 

including seals in Canada, of 

approximately 450,000. In addition, the 

abundance of gray seals is likely 

increasing in the U.S. Atlantic as well 

as in Canada (Hayes et al., 2021, Hayes 

et al., 2022). 

The required mitigation measures are 

expected to reduce the number and/or 

severity of takes for all species listed in 

table 3, including those with active 

UMEs, to the level of least practicable 

adverse impact. In particular, they 

would provide animals the opportunity 

to move away from the sound source 

before HRG survey equipment reaches 

full energy, thus preventing them from 

being exposed to sound levels that have 

the potential to cause injury. No Level 

A harassment is anticipated, even in the 

absence of mitigation measures, or 

proposed for authorization. 

NMFS expects that takes would be in 

the form of short-term Level B 

harassment by way of brief startling 

reactions and/or temporary vacating of 

the area, or decreased foraging (if such 

activity was occurring)—reactions that 

(at the scale and intensity anticipated 

here) are considered to be of low 

severity, with no lasting biological 

consequences. Since both the sources 

and marine mammals are mobile, 

animals would only be exposed briefly 

to a small ensonified area that might 

result in take. Additionally, required 

mitigation measures would further 

reduce exposure to sound that could 

result in more severe behavioral 

harassment. 

In summary and as described above, 

the following factors primarily support 

our preliminary determination that the 

impacts resulting from this activity are 

not expected to adversely affect any of 

the species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury or mortality is 

anticipated or proposed to be 

authorized; 

• No Level A harassment (PTS) is 

anticipated, even in the absence of 

mitigation measures, or proposed to be 

authorized; 

• Foraging success is not likely to be 

significantly impacted as effects on 

species that serve as prey species for 

marine mammals from the survey are 

expected to be minimal; 

• The availability of alternate areas of 

similar habitat value for marine 

mammals to temporarily vacate the 

ensonified areas during the proposed 

survey to avoid exposure to sounds from 

the activity; 

• Take is anticipated to be by Level 

B harassment only consisting of brief 

startling reactions and/or temporary 

avoidance of the ensonified area; 

• Survey activities would occur in 

such a comparatively small portion of 

the BIA for the NARW migration that 

any avoidance of the area due to survey 

activities would not affect migration. In 

addition, mitigation measures require 

shutdown at 500 m (over eight times the 

size of the Level B harassment zone of 

56 m) to minimize the effects of any 

Level B harassment take of the species; 

and 

• The proposed mitigation measures, 

including visual monitoring and 

shutdowns, are expected to minimize 

potential impacts to marine mammals. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 


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772 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 

consideration the implementation of the 

proposed monitoring and mitigation 

measures, NMFS preliminarily finds 

that the total marine mammal take from 

the proposed activity will have a 

negligible impact on all affected marine 

mammal species or stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

NMFS proposes to authorize 

incidental take by Level B harassment 

only of 14 marine mammal species with 

15 managed stocks. The total amount of 

takes proposed for authorization relative 

to the best available population 

abundance is less than 1 percent for 14 

of the 15 managed stocks (less than 7 

percent for the Western North Atlantic 

Northern Migratory Coastal Stock of 

bottlenose dolphins; table 5). The take 

numbers proposed for authorization are 

considered conservative estimates for 

purposes of the small numbers 

determination as they assume all takes 

represent different individual animals, 

which is unlikely to be the case. 

Based on the analysis contained 

herein of the proposed activity 

(including the proposed mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS preliminarily finds that small 

numbers of marine mammals would be 

taken relative to the population size of 

the affected species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the ESA of 1973 (16 

U.S.C. 1531 et seq.) requires that each 

Federal agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS’ Office of Protected Resources 

is proposing to authorize take of three 

species of marine mammals which are 

listed under the ESA (i.e., NARW, fin 

whale, and sei whale) and has 

determined these activities fall within 

the scope of activities analyzed in the 

NMFS GARFO 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). 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to Atlantic Shores for 

conducting marine site characterization 

surveys in waters off of New York, New 

Jersey, Delaware, and Maryland for a 

period of 1 year, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed IHA can be found at: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. 

Request for Public Comments 

We request comment on our analyses, 

the proposed authorization, and any 

other aspect of this notice of proposed 

IHA for the proposed marine site 

characterization surveys. We also 

request comment on the potential 

renewal of this proposed IHA as 

described in the paragraph below. 

Please include with your comments any 

supporting data or literature citations to 

help inform decisions on the request for 

this IHA or a subsequent renewal IHA. 

On a case-by-case basis, NMFS may 

issue a one-time, 1-year renewal 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 Description of 

Proposed Activity section of this notice 

is planned or (2) the activities as 

described in the Description of 

Proposed Activity section of this notice 

would not be completed by the time the 

IHA expires and a renewal would allow 

for completion of the activities beyond 

that described in the Dates and Duration 

section of this notice, provided all of the 

following conditions are met: 

• A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA). 

• The request for renewal must 

include the following: 

(1) An explanation that the activities 

to be conducted under the requested 

renewal IHA 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). 

(2) 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. 

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. 

Dated: December 27, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–00008 Filed 1–4–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD593] 

Fisheries of the Gulf of Mexico; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 


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