76796 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

The proposed amendment would 

result in the following Export Products 

under Export Trade in the Certificate: 

Export Products 

ALCC plans to export frozen at-sea, 

headed and gutted, Alaska cod (Gadus 

macrocephalus), also known as Pacific 

cod. Headed and gutted means the head 

and viscera are removed prior to 

freezing. Frozen-at-sea means that the 

Alaska cod is frozen on the longline 

catcher-processor vessel while at-sea 

immediately after being headed and 

gutted. The catch accrues against cod 

allocations to the Members. 

ALCC also plans to export byproducts 

of ALCC frozen-at-sea, headed and 

gutted Alaska cod, caught via hook-andline gear: cod heads; cod collars; cod 

roe; cod chu; cod milt; ray wings; 

headed and gutted pollock; headed and 

gutted sablefish; sablefish heads; 

sablefish collars. The cod heads, cod 

collars, cod roe, cod chu, and cod milt 

are derived from parts of the Alaska cod 

remaining after the heading-and-gutting 

of the cod to produce frozen-at-sea 

headed and gutted Alaska cod. The ray 

wings are derived from various species 

of skate, which are caught incidentally 

while targeting Alaska cod. The 

remaining products are also products 

and byproducts that are caught 

incidentally while targeting Alaska cod, 

except as specified below. 

ALCC also plans to export the 

following products and byproducts 

caught on longline catcher-processor 

vessels using longline hook-and-line 

and longline pot gear: headed and 

gutted sablefish; sablefish heads; 

sablefish collars. The catch accrues 

against sablefish allocations to the 

Members. 

ALCC also plans to export the 

following products and byproducts 

caught on longline catcher-processor 

vessels using longline hook-and-line 

gear and, when permitted by regulation, 

longline pot gear: headed, gutted, and 

tailed Greenland turbot; and turbot 

heads. The catch accrues against 

Greenland turbot allocations to the 

Members. 

Membership remains the same 

following this amendment: 

1. Akulurak LLC, Seattle, WA; 

2. Alaskan Leader Fisheries LLC, 

Lynden, WA; 

3. Alaskan Leader Seafoods LLC, 

Lynden, WA; 

4. Alaskan Leader Vessel LLC, 

Lynden, WA; 

5. Aleutian Longline, LLC, Seattle, 

WA; 

6. Aleutian Spray Fisheries, Inc., 

Seattle, WA; 

7. Beauty Bay Washington, LLC, 

Bothell, WA; 

8. Bering Leader Fisheries LLC, 

Lynden, WA; 

9. Bristol Leader Fisheries LLC, 

Lynden, WA; 

10. Bristol Wave Seafoods, LLC, 

Seattle, WA; 

11. Coastal Alaska Premier Seafoods, 

LLC, Anchorage, AK; 

12. Coastal Villages Longline LLC, 

Anchorage, AK; 

13. Deep Sea Fisheries, Inc., Everett, 

WA; 

14. Gulf Mist, Inc., Everett, WA; 

15. Gulf Prowler, LLC, Juneau, AK; 

16. Kodiak Leader Fisheries LLC, 

Lynden, WA; 

17. Northern Leader Fisheries LLC, 

Lynden, WA; 

18. Romanzof Fishing Company, 

L.L.C., Seattle, WA; 

19. Shelford’s Boat, Ltd., Mill Creek, 

WA; 

20. Siu Alaska Corporation, 

Anchorage, AK; 

21. Starfish Reverse, LLC, Seattle, 

WA; 

22. Tatoosh Seafoods, LLC, Kingston, 

WA. 

Dated: September 13, 2024. 

Amanda Reynolds, 

Acting Director, Office of Trade and Economic 

Analysis, International Trade Administration, 

U.S. Department of Commerce. 

[FR Doc. 2024–21361 Filed 9–18–24; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE152] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to SouthCoast 

Wind Energy Marine Site 

Characterization Surveys off the Coast 

of Massachusetts and Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

SouthCoast Wind Energy, LLC 

(SouthCoast Wind; formerly known as 

Mayflower Wind Energy, LLC) for the 

renewal of their prior incidental 

harassment authorization (IHA) 

(hereinafter, the ‘‘initial IHA’’) to take 

marine mammals incidental to marine 

site characterization surveys offshore of 

Massachusetts and Rhode Island. 

SouthCoast Wind’s activities are 

identical to those covered in the 2023– 

2024 authorization, and consist of a 

subset of the initially planned activities. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), prior to issuing 

the previous IHA, NMFS requested 

comments on both the proposed IHA 

and the potential for renewing the 

initial authorization if certain 

requirements were satisfied. The 

renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed renewal not previously 

provided during the initial 30-day 

comment period. 

DATES: Comments and information must 

be received no later than October 4, 

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.gatzke@

noaa.gov. 

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. Attachments to 

comments will be accepted in Microsoft 

Word, Excel or Adobe PDF file formats 

only. All comments received are a part 

of the public record and will generally 

be posted online at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), as well as a list of the 

references cited in this document, may 

be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Gatzke, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76797 

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 

promulgated or, if the taking is limited 

to harassment, an IHA is issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). 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 such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and the 

NMFS’s implementing regulations (see 

16 U.S.C. 1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

one year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

Æ 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); and 

Æ 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. 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

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

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. Any comments received on 

the potential renewal, along with 

relevant comments on the initial IHA, 

have been considered in the 

development of this proposed IHA 

renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

National Environmental Policy Act 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take authorizations with no anticipated 

serious injury or mortality) of the 

Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS 

determined that the issuance of the 

initial IHA qualified to be categorically 

excluded from further NEPA review. 

NMFS has preliminarily determined 

that the application of this categorical 

exclusion remains appropriate for this 

renewal IHA. 

History of Request 

On October 23, 2020, NMFS received 

a request from SouthCoast Wind 

(formerly known as Mayflower Wind 

Energy) seeking authorization to take 

marine mammals by Level B harassment 

only incidental to high-resolution 

geophysical site characterization 

surveys (HRG) off Massachusetts and 

Rhode Island in the area of Commercial 

Lease of Submerged Lands for 

Renewable Energy Development on the 

Outer Continental Shelf Lease Area 

OCS–A–0521 and along potential 

submarine export cable routes. NMFS 

published a notice of the proposed IHA 

in the Federal Register on May 20, 2021 

(86 FR 27393). NMFS subsequently 

issued an IHA that was effective for a 

period of one year, from July 1, 2021, 

through June 30, 2022, hereinafter 

referred to as the 2021 IHA (86 FR 

38033; July 19, 2021). 

On November 16, 2022, SouthCoast 

Wind submitted an application for a 

renewal IHA in order to complete the 

remaining subset of the planned survey 

activity that could not be completed 

under the 2021 IHA. After NMFS 

determined the application was 

ineligible for renewal due to the updates 

in marine mammal density information, 

on January 13, 2023, SouthCoast 

submitted an updated request for a 

standard IHA. That proposed IHA was 

published in the Federal Register on 

March 8, 2023 (88 FR 14335). Since all 

other aspects of the project remained the 

same (i.e., the scope of the activities, the 

survey location, the acoustic source use, 

and the level of impact expected to 

occur (i.e., Level B harassment only)), 

NMFS relied on the information 

associated with the issuance of the 2021 

IHA. On May 11, 2023, NMFS issued an 


lotter on DSK11XQN23PROD with NOTICES1
76798 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

IHA to SouthCoast Wind to take marine 

mammals incidental to marine site 

characterization surveys in 

Massachusetts (88 FR 31678, May 18, 

2023), effective from May 12, 2023, 

through May 11, 2024, and hereinafter 

referred to as the 2023 IHA. The present 

request for renewal is based on this 

2023 IHA application. 

On July 1, 2024, NMFS received an 

application for the renewal of the 2023 

IHA. As described in the application for 

renewal IHA, the activities for which 

incidental take is requested are a subset 

of the activities that are covered by the 

2023 IHA but were not completed prior 

to its expiration. As required, the 

applicant also provided a preliminary 

monitoring report which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. NMFS has 

decided to waive the 60 days renewal 

requirement, recognizing that the 

renewal IHA, if issued, will expire one 

year from the expiration date of the 

underlying IHA, on May 11, 2025, and 

having ensured that SouthCoast Wind 

understands that there is a lapse in 

MMPA authorization coverage between 

the expiration of the initial IHA and the 

issuance of any renewal. 

Description of the Proposed Activities 

and Anticipated Impacts 

SouthCoast Wind did not complete 

the planned survey scope of work 

associated with the 2023 IHA prior to its 

expiration and is planning to complete 

a subset of the activities during the 

remainder of 2024–2025. HRG surveys 

are planned between approximately 

September 2024 and May 2025, using 

the same survey equipment, methods 

and types of vessels as those previously 

analyzed. The 2024–2025 surveys will 

also be within the same survey area 

described in the application for the 2021 

and 2023 IHAs (figure 1). 

BILLING CODE 3510–22–P 

BILLING CODE 3510–22–C 


lotter on DSK11XQN23PROD with NOTICES1EN19SE24.058</GPH>
Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76799 

Figure 1—Map of SouthCoast Wind 

Lease Area OCS–A 0521 Within the 

Massachusetts Wind Energy Area and 

the Proposed Export Cable Corridors to 

Falmouth, MA and to Brayton Point, 

Somerset, MA 

The planned survey trackline, the 

number of active sound source days (the 

number of days the vessels will be 

actively emitting sound into the water 

column), and vessel days (number of 

days that the vessels will be present in 

the area) will be reduced in 2024–2025 

compared to those planned under the 

2023–2024 IHA. A total of up to 700 

kilometers (km) of trackline (500 km in 

the Lease Area [Inter-Array Cable (IAC) 

surveys] and 200 km in the Export Cable 

Corridors (ECC) [potential HDD 

surveys]) will be surveyed (table 1). On 

average, approximately 50 km will be 

surveyed per day within the Lease Area 

and 15 km within the ECC, resulting in 

10 active sound source days in the Lease 

Area and approximately 14 in the ECC 

(for a total of approximately 24 active 

sound source days in the entire project 

area). The previous IHA application 

described up to 4 vessels being utilized 

to conduct the surveys. The 2024–2025 

surveys may use up to 4 vessels as well. 

SouthCoast Wind survey contractors 

and protected species observer (PSO) 

contractors will conduct all surveys in 

accordance with the requirements 

stipulated in the 2023–2024 IHA. This 

renewal IHA is identical to the previous 

IHA, with the exception that fewer 

trackline kilometers will be surveyed, 

there will be fewer sound source days, 

and fewer vessel days. 

TABLE 1—GEOPHYSICAL SURVEYS COMPLETED IN 2023–2024 AND TRACKLINES REMAINING (km) 

Location 

IHA trackline 

planned 

2023–2024 

Total 

trackline 

completed 

2023–2024 

Planned 

trackline 

2024–2025 

ECC—Potential HDD ................................................................................................................... 750 0 200 

Lease Area—Inter-array Cable (IAC) .......................................................................................... 1,950 718 500 

To facilitate public review and 

comment on the proposed renewal IHA, 

refer to the documents related to the 

previously issued 2021 and 2023 IHAs 

and we discuss any new or changed 

information herein. The previous 

documents include: the notice of the 

proposed IHA published in the Federal 

Register on May 20, 2021 (86 FR 27393); 

the notice of issuance of the 2021 IHA 

(86 FR 38033, July 19, 2021); the notice 

of the proposed IHA published in the 

Federal Register on March 8, 2023 (88 

FR 14335), the notice of issuance of the 

2023 IHA (88 FR 31678, May 18, 2023), 

and all associated references and 

documents. We also refer the reader to 

previous and current applications and 

monitoring reports submitted by 

SouthCoast Wind and its predecessor 

Mayflower Wind, which may be found 

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

action/incidental-take-authorizationsouthcoast-wind-energy-llcs-marinesite-characterization. 

Detailed Description of the Activity 

A detailed description of the marine 

site characterization survey activities for 

which take is proposed here may be 

found in previous Federal Register 

notices and documents relevant to the 

previous IHAs (86 FR 27393, May 20, 

2021; 88 FR 14335, March 8, 2023). The 

survey location and nature of the 

activities that could result in take of 

marine mammals (HRG surveys), 

including the types of equipment 

planned for use, are identical to those 

described in these previous notices, 

with the exception that the scale of 

work is reduced. Only a subset of the 

planned HRG work was completed 

under the 2023 IHA. Between May 18 

and July 10, 2023, a total of 55 survey 

days and 718 km of tracklines were 

completed. For the remainder of 2024, 

SouthCoast Wind proposes to conduct a 

subset (700 km) of the remaining 

tracklines (table 1). 

The proposed renewal would be 

effective from the date of issuance 

through May 11, 2025 (i.e., one year 

after the expiration of the 2023 IHA). 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the Federal Register notices of 

the proposed IHAs for the initial 

authorizations (86 FR 27393, May 20, 

2021; 88 FR 14335, March 8, 2023). 

Since the publication of the final 

Federal Register notice (88 FR 31678, 

May 18, 2023), NMFS has reviewed the 

monitoring data from the prior IHA, the 

draft 2023 Stock Assessment Report 

(SAR), which included updates to 

certain stock abundances since the 2023 

IHA was issued, information on relevant 

Unusual Mortality Events (UMEs), and 

other scientific literature. 

The draft 2023 SAR updated the 

population estimate (Nbest) of North 

Atlantic right whales from 338 to 340 

and annual mortality and serious injury 

from 31.2 to 27.2. The updated 

population estimate in the draft 2023 

SAR is based upon sighting history 

through December 2021 (89 FR 5495, 

January 29, 2024). Total annual average 

observed North Atlantic right whale 

mortality during the 2017–2021 period 

was 7.1 animals and annual average 

observed fishery mortality was 4.6 

animals, however, estimates of 27.2 total 

mortality and 17.6 fishery mortality 

account for undetected mortality and 

serious injury (89 FR 5495, January 29, 

2024). In October 2023, NMFS released 

a technical report identifying that the 

North Atlantic right whale population 

size based on sighting history through 

2022 was 356 whales, with a 95 percent 

credible interval ranging from 346 to 

363 (Linden, 2023). 

The draft 2023 SARs include updates 

for additional marine mammal species 

and stocks (i.e., North Atlantic right 

whale, fin whale, sei whale, minke 

whale, sperm whale, Atlantic spotted 

dolphin, Atlantic white-sided dolphin, 

bottlenose dolphin (Western North 

Atlantic—Offshore stock), common 

dolphin, long-finned pilot whales, 

Risso’s dolphin, harbor porpoise, and 

gray seal), which are specifically 

included in table 2 below. For species 

for which there has been no change 

between the finalization of the final 

2022 SARs to the release of the draft 

2023 SARs, NMFS has noted that below. 


lotter on DSK11XQN23PROD with NOTICES1
76800 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

TABLE 2—MARINE MAMMAL SPECIES a LIKELY TO OCCUR NEAR THE PROJECT AREA THAT MAY BE TAKEN BY

SOUTHCOAST WIND’S ACTIVITIES

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) b

Stock 

abundance (CV, N min, most 

recent abundance 

survey) c

PBR Annual 

M/SI d

Order Artiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

Family Balaenidae: 

North Atlantic right whale e Eubalaena glacialis ................ Western Atlantic ..................... E, D, Y 340 (0, 337, 2021) ................. 0.7 27.2 

Family Balaenopteridae 

(rorquals): 

Fin whale .......................... Balaenoptera physalus ........... Western North Atlantic ........... E, D, Y 6,802 (0.24, 5,573, 2021) ...... 11 2.05 

Sei whale ......................... Balaenoptera borealis ............ Nova Scotia ............................ E, D, Y 6,292 (1.02, 3,098, 2021) ...... 6.2 0.6 

Minke whale ..................... Balaenoptera acutorostrata .... Canadian Eastern Coastal ..... -, -, N 21,968 (0.31, 17,002, 2021) .. 170 9.4 

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

Superfamily Odontoceti (toothed whales, dolphins, and porpoises) 

Family Physeteridae: 

Sperm whale .................... Physeter macrocephalus ........ North Atlantic .......................... E, D, Y 5,895 (0.29, 4,639, 2021) ...... 9.28 0.2 

Family Delphinidae: 

Atlantic white-sided dolphin.Lagenorhynchus acutus ......... Western North Atlantic ........... -, -, N 93,233 (0.71, 54,443, 2021) .. 544 28 

Atlantic spotted dolphin .... Stenella frontalis ..................... Western North Atlantic ........... -, -, N 31,506 (0.28, 25,042, 2021) .. 250 0 

Common bottlenose dolphin.Tursiops truncatus .................. Western North Atlantic Offshore f

.

-, -, N 64,587 (0.24, 52,801, 2021) .. 507 28 

................................................. Northern Migratory Coastal .... No changes ............................ ................ ................

Long finned pilot whale g .. Globicephala melas ................ Western North Atlantic ........... -, -, N 39,215 (0.30, 30,627, 2021) .. 306 5.7 

Risso’s dolphin ................. Grampus griseus .................... Western North Atlantic ........... -, -, N 44,067 (0.19, 30,662, 2021) .. 307 18 

Common dolphin .............. Delphinus delphis ................... Western North Atlantic ........... -, -, N 93,100 (0.56, 59,897, 2021) .. 1,452 414 

Family Phocoenidae (porpoises): 

Harbor porpoise ............... Phocoena phocoena .............. Gulf of Maine/Bay of Fundy ... -, -, N 85,765 (0.53, 56,420, 2021) .. 649 145 

Order Carnivora—Superfamily Pinnipedia 

Family Phocidae (earless 

seals): 

Gray seal h ........................ Halichoerus grypus ................ Western North Atlantic ........... -, -, N 27,911 (0.20, 23,624, 2021) .. 1,512 4,570 

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

a 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). bEndangered Species Act (ESA) 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. c NMFS’ marine mammal SARs can be found online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV 

is the coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. dThese 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. eThe current SAR includes an estimated population (Nbest = 340) based on sighting history through December 2021 (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports). In October 2023, NMFS released a technical report identifying that the North Atlantic right whale 

population size based on sighting history through 2022 was 356 whales, with a 95 percent credible interval ranging from 346 to 363 (Linden, 2023). fEstimates may include sightings of the coastal form. 

gKey uncertainties exist in the population size estimate for this species, including uncertain separation between short-finned and long-finned pilot whales, small 

negative bias due to lack of abundance estimate in the region between US and the Newfoundland/Labrador survey area, and uncertainty due to unknown precision 

and accuracy of the availability bias correction factor that was applied. h NMFS’ stock abundance estimate (and associated Potential Biological Removal value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 394,311. The annual M/SI value given is for the total stock. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which an authorization of 

incidental take is proposed here may be 

found in the Notice of the Proposed IHA 

for the 2021 authorization (86 FR 27393, 

May 20, 2021). This description was 

also incorporated by reference in the 

Notice of the Proposed IHA for the 2023 

authorization (88 FR 14335, March 8, 

2023), for which this Notice is a 

Proposed renewal. NMFS has reviewed 

the monitoring data from the 2023 IHA, 

recent draft SARs, information on 

relevant UMEs, and other scientific 

literature, and determined that there is 

no new information that affects our 

initial analysis of impacts on marine 

mammals and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

Notice of the Proposed IHA for the 

initial authorization (88 FR 14335, 

March 8, 2023). The source levels 

applicable to this authorization remain 

unchanged from the previously issued 

IHA. Similarly, the stocks taken, marine 

mammal density data, methods of take, 

and types of take remain unchanged 

from the previously issued 2023 IHA. 

The number of requested takes is 

reduced (table 3), due to the smaller 

number of tracklines being surveyed, as 

indicated above in table 1. 


lotter on DSK11XQN23PROD with NOTICES1

I I I I 
Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76801 

TABLE 3—NUMBER OF TAKES BY LEVEL B HARASSMENT PROPOSED FOR AUTHORIZATION AND PERCENTAGES OF EACH

STOCK ABUNDANCE FOR 2024–2025 SURVEYS

Species 

Combined 

density based 

calculated 

takes 

NMFS 

proposed 

authorized 

take 

NMFS stock 

abundance 

Percentage of 

NMFS stock 

abundance 

North Atlantic right whale ................................................................................ 1.2 a 2 340 0.59 

Fin whale ......................................................................................................... 0.5 c 3 6,802 0.04 

Sei whale ......................................................................................................... 0.3 a 2 6,292 0.03 

Minke whale ..................................................................................................... 2.7 3 21,968 0.02 

Humpback whale ............................................................................................. 0.5 b 11 1,396 0.86 

Sperm whale .................................................................................................... 0.1 a 2 5,895 0.03 

Atlantic white-sided dolphin ............................................................................. 5.8 a 28 93,233 0.03 

Atlantic spotted dolphin ................................................................................... 1.0 a 29 31,506 0.09 

Common bottlenose dolphin ............................................................................ 3.0 b 31 64,587 0.05 

Long finned pilot whale .................................................................................... 0.4 a 8 39,215 0.02 

Risso’s dolphin ................................................................................................. 0.5 a 5 44,067 0.02 

Common dolphin .............................................................................................. 49.3 b 429 93,100 0.46 

Harbor porpoise ............................................................................................... 19 19 85,765 0.02

Gray seal ......................................................................................................... 32.4 32 27,911 0.12 

Harbor seal ...................................................................................................... 14.4 14 61,366 0.24 

aTake increased to the species mean group size (86 FR 38033, July 19, 2021; 88 FR 31678, May 18, 2023). 

bTake increased to equal the estimate of potential take based on previous PSO data (86 FR 38033, July 19, 2021; 88 FR 31678, May 18, 

2023). cAverage group size for fin whales is assumed here as 2. However, we increase the proposed authorized take number to 3 to equal the number of whales reported observed within the estimated harassment zone by SouthCoast during 2023–24 survey effort. 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA (88 FR 31678, 

May 18, 2023), and the discussion of the 

least practicable adverse impact 

included in that document and the 

Notice of the proposed IHA (88 FR 

14335, March 8, 2023) remains accurate. 

The following identical measures are 

proposed for this renewal: 

1. The Holder must use independent, 

dedicated, qualified protected species 

observers (PSOs), meaning that the 

PSOS must be employed by a thirdparty observer provided, must 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 protected species and mitigation 

requirements (including brief alerts 

regarding maritime hazards), and must 

be qualified pursuant to section 5(a) of 

the IHA. 

2. 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. 

3. During survey operations involving 

use of the sparker (e.g., any day on 

which use of the sparker source is 

planned to occur, and whenever the 

sparker source is in the water, whether 

activated or not), a minimum of one 

PSO must be on duty and conducting 

visual observations at all times during 

daylight hours (i.e., from 30 minutes 

prior to sunrise through 30 minutes 

following sunset), and a minimum of 

two PSOs must be on duty and 

conducting visual observations at all 

times during nighttime hours. 

4. Visual monitoring must begin no 

less than 30 minutes prior to ramp-up 

and must continue until one hour after 

use of the acoustic source ceases. 

5. Visual PSOs shall conduct visual 

observations form the most appropriate 

observation posts using appropriate 

equipment and the naked eye while free 

from distractions and in a consistent, 

systematic, and diligent manner. When 

two PSOs are required, the PSOs must 

coordinate to ensure 360° visual 

coverage around the vessel. 

6. Any observations of marine 

mammals by crew members aboard any 

vessel associated with the survey must 

be relayed to the PSO team. 

7. PSOs may be on watch for a 

maximum of four consecutive hours 

followed by a break of at least one hour 

between watches and may conduct a 

maximum of 12 hours of observations 

per 24-hour period. 

8. PSOS shall establish and monitor 

applicable shutdown zones during use 

of the sparker source (see below). These 

zones shall be based upon the radial 

distance from the acoustic source (rather 

than being based around the vessel 

itself). 

9. Shutdown zones must be as 

follows: 

Æ A 500-meter (m) shutdown zone for 

North Atlantic right whales (NARWs). 

Æ A 100-m shutdown zone for all 

other marine mammals (excluding 

NARWs). 

10. Pre-start clearance and ramp up— 

A ramp-up procedure, involving a 

gradual increase in source level output, 

is required at all times as part of the 

activation of the acoustic source when 

technically feasible. Operators should 

ramp up sources to half power for 5 

minutes and then proceed to full power. 

A 30-minute pre-start clearance 

observation period of the shutdown 

zones must occur prior to the start of 

ramp-up. All operators must adhere to 

the following pre-start clearance and 

ramp-up requirements: 

Æ 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 minutes prior to the 

planned ramp-up in order to allow the 

PSOs time to monitor the shutdown 

zones for 30 minutes prior to the 

initiation of ramp-up (pre-start 

clearance). During this 30 minute prestart clearance period the entire 

shutdown zone must be visible, except 

as indicated below. 

Æ Ramp-ups shall be scheduled so as 

to minimize the time spent with the 

source activated. 

Æ 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. 


lotter on DSK11XQN23PROD with NOTICES1
76802 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

Æ 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. 

Æ Ramp-up may not be initiated if 

any marine mammal to which the 

prestart clearance requirement applies is 

within the shutdown zone. If a marine 

mammal is observed within the 

shutdown zone during the 30 minute 

pre-start 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 (30 minutes for all 

baleen whale species and sperm whales 

and 15 minutes for all other species). 

Æ The pre-start clearance requirement 

is waived for small delphinids 

(individuals belonging to the following 

genera of the Family Delphinidae: 

Steno, Delphinus, Lagenorhynchus, 

Stenella, and Tursiops) and pinnipeds. 

Detection of a small delphinid or 

pinniped within the shutdown zone 

does not preclude beginning of rampup, unless the PSO confirms the 

individual to be of a genus other than 

those listed, in which case normal preclearance requirements apply. 

Æ 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 the preclearance requirement is waived), PSOs 

must use best professional judgment in 

making the decision to call for a 

shutdown. 

Æ PSOs must monitor the shutdown 

zones 30 minutes before and during 

ramp-up, and ramp-up must cease and 

the source must be shut down upon 

observation of a marine mammal within 

the applicable shutdown zone. 

Æ 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 minutes prior to 

beginning ramp-up. Sparker activation 

may only occur at night where 

operational planning cannot reasonably 

avoid such circumstances. 

Æ If the acoustic source is shut down 

for brief periods (i.e., less than 30 

minutes) 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 shutdown zone. For any 

longer shutdown, pre-start clearance 

observation and ramp-up are required. 

11. Shutdown requirements: 

Æ Any PSO on duty has the authority 

to call for a shutdown of the sparker 

source if a marine mammal is detected 

within the applicable shutdown zone. 

Æ When the sparker source is active 

and a marine mammal appears within or 

enters the applicable shutdown zone, 

the source must be shut down. When 

shutdown is instructed by a PSO, the 

source must be immediately deactivated 

and any dispute resolved only following 

deactivation. 

Æ The shutdown requirement is 

waived for small delphinids (individual 

belonging to the following genera of the 

Family Delphinidae: Steno, Delphinus, 

Lagenorhynchus, Stenella, and 

Tursiops) and pinnipeds. If a small 

delphinid or pinniped is visually 

detected within the shutdown zone, 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 

Æ 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 must use 

best professional judgment in making 

the decision to call for a shutdown. 

a. Upon implementation of shutdown, 

the source may be reactivated after the 

marine mammal has been observed 

exiting the applicable shutdown zone or 

following a clearance period (30 

minutes for all baleen whale species and 

sperm whales and 15 minutes for all 

other species) with no further detection 

of the marine mammal. 

Æ 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, 

shutdown must occur. 

12.Vessel Strike—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 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. 

Æ Vessel operators and crews must 

maintain a vigilant watch for all marine 

mammals and slow down, stop their 

vessel, or alter course, as appropriate 

and regardless of vessel size, to avoid 

striking any marine mammal. 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 

detailed below). 

Æ 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 right whale, 

other whale (defined in this context as 

sperm whales or baleen whales other 

than right whales), or other marine 

mammals. 

Æ All vessels, regardless of size, must 

observe a 10-knot speed restriction in 

specific areas designated by NMFS for 

the protection of North Atlantic right 

whales from vessel strikes. These 

include all Seasonal Management Areas 

(SMA) (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-strikes-north-atlanticright-whales for specific detail regarding 

these areas. It is SouthCoast Wind’s 

responsibility to maintain awareness of 

the establishment and location of any 

such areas and to abide by these 

requirements accordingly. 

Æ Vessel speeds must also be reduced 

to 10 knots or less when mother/calf 

pairs, pods, or large assemblages of 

cetaceans are observed near a vessel. 

Æ All vessels must maintain a 

minimum separation distance of 500 m 

from right whales. If a right whale is 

sighted within the relevant separation 

distance, the vessel must steer a course 

away at 10 knots 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 right whale, the vessel operator 

must assume that it is a right whale and 

take appropriate action. 

Æ All vessels must maintain a 

minimum separation distance of 100 m 

from sperm whales and all other baleen 

whales. 

Æ 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). 

Æ When marine mammals are sighted 

while a vessel is underway, the vessel 

shall take action as necessary to avoid 

violating the relevant separation 

distance (e.g., attempt to remain parallel 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 76803 

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. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (88 FR 

31678, May 18, 2023) and solicited 

public comments on both our proposal 

to issue the initial IHA for marine site 

characterization surveys and on the 

potential for a renewal IHA, should 

certain requirements be met. All public 

comments were addressed in the notice 

announcing the issuance of the initial 

IHA (88 FR 31678, May 18, 2023). 

Below, we describe how we have 

addressed, with updated information 

where appropriate, any comments 

received that specifically pertain to the 

renewal of the 2023 IHA. 

Comment: Oceana raised objections to 

NMFS’ proposed renewal process for 

potential extension of the 1-year IHA 

with an abbreviated 15-day public 

comment period. Oceana recommended 

that an additional 30-day public 

comment period is necessary for any 

IHA renewal request. 

Response: NMFS’ IHA renewal 

process meets all statutory 

requirements. In prior responses to 

comments about IHA renewals (e.g., 84 

FR 52464, October 2, 2019; 85 FR53342, 

August 28, 2020), NMFS explained the 

IHA renewal process is consistent with 

the statutory requirements contained in 

section 101(a)(5)(D) of the MMPA, and 

further promotes NMFS’ goals of 

improving conservation of marine 

mammals and increasing efficiency in 

the MMPA compliance process. 

Therefore, we intend to continue to 

implement the existing renewal process. 

All IHAs issued, whether an initial 

IHA or a renewal, are valid for a period 

of not more than 1 year. The public has 

30 days to comment on proposed IHAs, 

with a cumulative total of 45 days for 

IHA renewals. The notice of the 

proposed IHA published in the Federal 

Register on March 8, 2023, (88 

FR14335) provided a 30-day public 

comment period and made clear that 

NMFS was seeking comment on the 

proposed IHA and the potential 

issuance of a renewal for this survey. As 

detailed in the Federal Register notice 

for the proposed IHA and on the 

agency’s website, eligibility for renewal 

is determined on a case-by-case basis, 

renewals are subject to an additional 15- 

day public comment period, and the 

renewal is limited to up to another year 

of identical or nearly identical activities 

as described in the Description of 

Proposed Activities section of the 

proposed IHA notice or the activities 

described in the Description of 

Proposed Activities section of the 

proposed IHA 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 the proposed notice. NMFS’ 

analysis of the anticipated impacts on 

marine mammals caused by the 

applicant’s activities covers both the 

initial IHA period and the possibility of 

a 1-year renewal. Therefore, a member 

of the public considering commenting 

on a proposed initial IHA also knows 

exactly what activities (or subset of 

activities) would be included in a 

proposed renewal IHA, the potential 

impacts of those activities, the 

maximum amount and type of take that 

could be caused by those activities, the 

mitigation and monitoring measures 

that would be required, and the basis for 

the agency’s negligible impact 

determinations, least practicable 

adverse impact findings, small numbers 

findings, and (if applicable) the no 

unmitigable adverse impact on 

subsistence use finding—all the 

information needed to provide complete 

and meaningful comments on a possible 

renewal at the time of considering the 

proposed initial IHA. Members of the 

public have the information needed to 

meaningfully comment on both the 

immediate proposed IHA and a possible 

1-year renewal, should the IHA holder 

choose to request one. 

While there would be additional 

documents submitted with a renewal 

request, for a qualifying renewal these 

would be limited to documentation that 

NMFS would make available and use to 

verify that the activities are identical or 

nearly identical to those in the initial 

IHA such that the changes would have 

either no effect on impacts to marine 

mammals or decrease those impacts, or 

are a subset of activities already 

analyzed and authorized but not 

completed under the initial IHA. NMFS 

would also need to confirm, among 

other things, that the activities would 

occur in the same location; involve the 

same species and stocks; provide for 

continuation of the same mitigation, 

monitoring, and reporting requirements; 

and that no new information has been 

received that would alter the prior 

analysis. The renewal request would 

also contain a preliminary monitoring 

report, in order to verify that effects 

from the activities do not indicate 

impacts of a scale or nature not 

previously analyzed. The additional 15- 

day public comment period, which 

includes NMFS’ direct notice to anyone 

who commented on the proposed initial 

IHA, provides the public an opportunity 

to review these few documents, provide 

any additional pertinent information, 

and comment on whether they think the 

criteria for a renewal have been met. 

Combined together, the 30-day public 

comment period on the initial IHA and 

the additional 15-day public comment 

period on the renewal of the same or 

nearly identical activities, provides the 

public with a total of 45 days to 

comment on the potential for renewal of 

the IHA. 

In addition to the IHA renewal 

process being consistent with all 

requirements under section 101(a)(5)(D), 

it is also consistent with Congress’ 

intent for issuance of IHAs to the extent 

reflected in statements in the legislative 

history of the MMPA. Through the 

description of the process and express 

invitation to comment on specific 

potential renewals in the Request for 

Public Comments section of each 

proposed IHA, the description of the 

process on NMFS’ website, further 

elaboration on the process through 

responses to comments such as these, 

posting of substantive documents on the 

agency’s website, and provision of 30 or 

45 days for public review and comment 

on all proposed initial IHAs and 

renewals respectively, NMFS has 

ensured that the public is ‘‘invited and 

encouraged to participate fully in the 

agency’s decision-making process,’’ as 

Congress intended. 

For more information, NMFS has 

published a description of the renewal 

process on our website (available at 

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

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals). 

Preliminary Determinations 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has preliminarily determined the 

following: (1) the required mitigation 

measures will effect the least practicable 

impact on marine mammal species or 

stocks and their habitat; (2) the 

authorized takes will have a negligible 

impact on the affected marine mammal 

species or stocks; (3) the authorized 

takes represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) SouthCoast Wind’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 


lotter on DSK11XQN23PROD with NOTICES1
76804 Federal Register / Vol. 89, No. 182 / Thursday, September 19, 2024 / Notices 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action; and, (5) appropriate 

monitoring and reporting requirements 

are included. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA; 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally, in this 

case with the NMFS Greater Atlantic 

Regional Fisheries Office (GARFO), 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS Office of Protected Resources 

has proposed to authorize the incidental 

take of four species of marine mammals 

which are listed under the ESA (the 

North Atlantic right, fin, sei, and sperm 

whale) and has determined that these 

activities fall within the scope of 

activities analyzed in GARFO’s 

programmatic consultation regarding 

geophysical surveys along the U.S. 

Atlantic coast in the three Atlantic 

Renewable Energy Regions (completed 

June 29, 2021; revised September 2021). 

The proposed renewal IHA provides no 

new information about the effects of the 

action, nor does it change the extent of 

effects of the action, or present any 

other basis to require re-initiation of 

consultation with NMFS GARFO; 

therefore, the ESA consultation has been 

satisfied for the initial IHA and remains 

valid for the renewal IHA. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to SouthCoast Wind for 

conducting HRG surveys off the coast of 

Massachusetts and Rhode Island until 

May 11, 2025, provided the previously 

described mitigation, monitoring, and 

reporting requirements are incorporated. 

A draft of the proposed and final initial 

IHA can be found at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. We 

request comment on our analyses, the 

proposed renewal IHA, and any other 

aspect of this notice. Please include 

with your comments any supporting 

data or literature citations to help 

inform our final decision on the request 

for MMPA authorization. 

Dated: September 16, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–21457 Filed 9–18–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE272] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Washington 

State Department of Transportation’s 

Seattle Slip 3 Vehicle Transfer Span 

Project in Washington State 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to 

Washington State Department of 

Transportation (WSDOT) to incidentally 

harass marine mammals during 

construction activities associated with 

the Seattle Slip 3 Vehicle Transfer Span 

(VTS) Replacement Project in Seattle, 

Washington. 

DATES: This authorization is effective 

from September 12, 2024 through 

September 11, 2025. 

ADDRESSES: Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed below. 

FOR FURTHER INFORMATION CONTACT: 

Austin Demarest, 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 

promulgated or, if the taking is limited 

to harassment, an incidental harassment 

authorization is issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). 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 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and NMFS’s 

implementing regulations (see 16 U.S.C. 

1362; 50 CFR 216.103).The definitions 

of all applicable MMPA statutory terms 

cited above are included in the relevant 

sections below. 

Summary of Request 

On December 19, 2023, NMFS 

received a request from WSDOT for an 

IHA to take marine mammals incidental 

to Seattle Slip 3 VTS Replacement 

Project in Elliott Bay of the Puget 

Sound, Seattle, WA. Following NMFS’ 

review of the application, WSDOT 

submitted revised versions on March 4, 

April 8, April 18, and April 29, 2024. A 

final revised monitoring plan was 

submitted on May 14, 2024 and a final 

revised application was submitted on 

May 16, 2024. The application was 

deemed adequate and complete on May 

20, 2024. WSDOT’s request is for take of 

12 species of marine mammals, by Level 

B harassment only. The proposed IHA 

was published for public comment on 

July 30, 2024 (89 FR 61064). Neither 

WSDOT nor NMFS expect serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 

appropriate. 


lotter on DSK11XQN23PROD with NOTICES1