81458 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 

• 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: October 3, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–23250 Filed 10–7–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE296] 

Takes of Marine Mammals Incidental to 

Specified Activities; Takes of Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Off Rhode 

Island and Massachusetts 

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 Bay 

State Wind, LLC (Bay State Wind), to 

incidentally harass marine mammals 

during marine site characterization 

surveys off the coast of Rhode Island 

and Massachusetts in the Bureau of 

Ocean Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A 0500 and the associated 

export cable route (ECR) area. 

DATES: The authorization is effective 

from October 6, 2024, to October 5, 

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-other-energyactivities-renewable. In case of problems 

accessing these documents, please call 

the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Hilt, 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 monitoring and 

reporting of the takings. The definitions 

of all applicable MMPA statutory terms 

cited above are included in the relevant 

sections below. 

History of Request 

On October 6, 2022, NMFS issued an 

IHA to ;rsted (parent company of Bay 

State Wind) to take marine mammals 

incidental to marine site 

characterization surveys in Lease Areas 

OCS–A 0486, 0487, 0500 off the coasts 

from New York to Massachusetts and 

along potential ECRs to landfall 

locations between Raritan Bay (part of 

the New York Bight) and Falmouth, 

Massachusetts (87 FR 61575; October 

12, 2022). On May 26, 2023, NMFS 

received a request for a renewal of that 

initial IHA because ;rsted’s marine site 

characterization surveys under the 

initial IHA had not yet been completed 

and more time was required. The 

renewal IHA was issued on September 

29, 2023 (88 FR 62337, October 5, 2023). 

;rsted has complied with all the 

requirements (e.g., mitigation, 

monitoring, and reporting) of the 

previous IHAs in Lease Areas OCS–A 

0486, 0487, and 0500. 

On March 27, 2024, NMFS received a 

request from Bay State Wind for an IHA 

to take marine mammals incidental to 

conducting marine site characterization 

surveys off the coasts of Rhode Island 

and Massachusetts. This request was 

limited to planned survey activity in 

OCS–A 0500 (i.e., ;rsted’s planned Bay 

State Wind development) and the 

associated ECR area. Following NMFS’ 

review of the application, Bay State 

Wind submitted a revised version on 

June 10, 2024. Following additional 

review of the application, Bay State 

Wind submitted another revised version 

on July 29, 2024, which was deemed 

adequate and complete on August 1, 

2024. Bay State Wind’s request is for 

take of 17 species of marine mammals, 

by Level B harassment only. Neither Bay 

State Wind nor NMFS expect serious 

injury or mortality to result from this 

activity and, therefore, an IHA is 

appropriate. There are no changes from 

the proposed IHA to the final IHA. 

Description of the Activity and 

Anticipated Impacts 

Overview 

Bay State Wind will conduct marine 

site characterization surveys, including 

high-resolution geophysical (HRG) 

surveys and geotechnical surveys, in 

BOEM Lease Area OCS–A 0500, and the 

associated ECR. The purpose of the 

marine site characterization surveys is 

to collect data concerning seabed 

(geophysical, geotechnical, and 

geohazard), ecological, and 

archeological conditions within the 

footprint of the offshore wind facility 

development. Surveys are also 

conducted to support engineering 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81459 

design and to map unexploded 

ordnance (UXO). Underwater sound 

resulting from Bay State Wind’s 

proposed activities, specifically HRG 

surveys, has the potential to result in 

incidental take of 17 species, in the form 

of Level B harassment only. 

Dates and Duration 

While the exact dates have not yet 

been established, the activities are 

planned to begin as soon as possible 

upon issuance of an IHA, if appropriate. 

The activity is expected to require up to 

350 survey days across a maximum of 

four vessels operating concurrently over 

the course of a single year (‘‘survey day’’ 

defined as a 24-hour activity period in 

which the assumed number of line 

kilometers (km) are surveyed). Vessel 

days are defined as the number of days 

any single vessel is in operation 

regardless of any other vessel operations 

(i.e., if two vessels are working 

concurrently within the same 24-hour 

period, each vessel would be counted as 

having a vessel day for a total of two 

vessel days even though the activity 

occurs within a single 24-hour period). 

The number of anticipated survey days 

was calculated as the number of days 

needed to reach the overall level of 

effort required to meet survey objectives 

assuming any single vessel covers, on 

average 70 line km per 24-hour 

operations. 

Specific Geographic Region 

The survey activities will occur 

within the Lease Area and potential 

ECRs off the coasts of Rhode Island and 

Massachusetts (figure 1). Water depths 

in the Lease Area and potential ECRs 

extend out from shoreline to 

approximately 90 meters (m). 

BILLING CODE 3510–22–P 


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81460 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 

BILLING CODE 3510–22–C Detailed Description of the Specified 

Activity 

A detailed description of the planned 

site characterization surveys is provided 

in the Federal Register notice for the 

proposed IHA (89 FR 67597, August 21, 

2024). The nature of the specified 

activities, including the types of HRG 

equipment planned for use (e.g., 


ddrumheller on DSK120RN23PROD with NOTICES1EN08OC24.016</GPH>

7'1'10'ITW 70"SO'll'W 

O 10 20 40 Kilometers 

I I I I I I I I I ~~:WGS 1984Ul'MZorM>1!lN 

70°3ll'O"W 

0 

Figure 1. Lease Area and potential ECRs for the site characterization surveys, 

indicated in gray, which includes the Lease Area and the potential export cable 

route area. 
Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81461 

CHIRPs, boomers, and sparkers), daily 

trackline distances (70 line km per 24- 

hr period), and number of survey 

vessels (up to four operating 

concurrently), are identical to those 

described in the previous notice. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to Bay State Wind was 

published in the Federal Register on 

August 21, 2024 (89 FR 6759). That 

notice described, in detail, or referenced 

descriptions of Bay State Wind’s 

activity, the marine mammal species 

that may be affected by the activity, the 

anticipated effects on marine mammals 

and their habitat, estimated number and 

manner of take, and proposed 

mitigation, monitoring and reporting 

measures. 

During the 30-day public comment 

period, NMFS received one substantive 

comment letter, from the Wampanoag 

Tribe of Gay Head (Aquinnah) (Tribe). 

We reiterate here that NMFS’ proposed 

action concerns only the authorization 

of marine mammal take incidental to the 

planned surveys—NMFS’ authority 

under the MMPA does not extend to the 

surveys themselves or to wind energy 

development more generally. Comments 

from the Wampanoag Tribe of Gay Head 

(Aquinnah) (Tribe)’s letter considered 

out of scope include (1) a request that 

NMFS fully study the implications of 

the Vineyard Wind blade failure on 

marine mammals ‘‘prior to any further 

federal action concerning offshore wind 

farms,’’ (2) general opposition to 

authorization of take incidental to any 

activities associated with offshore wind 

development until ‘‘the Coast Guard has 

finished establishing shipping safety 

fairways,’’ a statement that ‘‘offshore 

wind development needs to be balanced 

with navigational safety,’’ and criticism 

of NMFS and BOEM for allegedly 

‘‘improperly segmenting offshore wind 

activities in the Atlantic Ocean.’’ All 

substantive comments, and NMFS’ 

responses, are provided below. The 

comments and recommendations are 

available online at: https://

www.fisheries.noaa.gov/national/

marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. Please see the 

comment submissions for full details 

regarding the recommendations and 

supporting rationale. 

Comment 1: The Tribe asserted 

generally that NMFS is not 

appropriately complying with Executive 

Order 13175, which requires meaningful 

government-to-government consultation 

with tribes on matters that have 

implications for tribes. 

Response: NMFS is committed to 

engaging with the Tribe moving 

forward. However, for the reasons 

included in this notice, we disagree that 

no IHAs for HRG surveys should be 

renewed in the New York Bight pending 

engagement with the Tribe. 

Comment 2: The Tribe stated they do 

not agree that use of a Categorical 

Exclusion (CE) under National 

Environmental Policy Act (NEPA) is 

appropriate, suggesting that NMFS must 

conduct additional analysis of the 

cumulative impact of projects in the 

Massachusetts and Rhode Island 

offshore area, especially to Endangered 

Species Act (ESA)-listed species, and 

particularly to the North Atlantic right 

whale (NARW). 

Response: NMFS disagrees with the 

commenter’s statement and has 

determined that the issuance of the IHA 

qualifies to be categorically excluded 

from further NEPA review. A CE is a 

category of actions that an agency has 

determined does not individually or 

cumulatively have a significant effect on 

the quality of the human environment 

and is appropriately applied for such 

categories of actions so long as there are 

no extraordinary circumstances present 

that would indicate that the effects of 

the action may be significant. 

Extraordinary circumstances are 

situations for which NOAA has 

determined further NEPA analysis is 

required because they are circumstances 

in which a normally excluded action 

may have significant effects. A 

determination of whether an action that 

is normally excluded requires 

additional evaluation because of 

extraordinary circumstances focuses on 

the action’s potential effects and 

considers the significance of those 

effects in terms of both context 

(consideration of the affected region, 

interests, and resources) and intensity 

(severity of impacts). Potential 

extraordinary circumstances relevant to 

this action include: (1) adverse effects 

on species or habitats protected by the 

MMPA that are not negligible; (2) highly 

controversial environmental effects; (3) 

environmental effects that are uncertain, 

unique, or unknown; and (4) the 

potential for significant cumulative 

impacts when the proposed action is 

combined with other past, present, and 

reasonably foreseeable future actions. 

The relevant NOAA CE associated 

with issuance of incidental take 

authorizations is CE B4, ‘‘Issuance of 

incidental harassment authorizations 

under section 101(a)(5)(A) and (D) of the 

MMPA for the incidental, but not 

intentional, take by harassment of 

marine mammals during specified 

activities and for which no serious 

injury or mortality is anticipated.’’ This 

action falls within CE B4. In 

determining whether a CE is appropriate 

for a given incidental take authorization, 

NMFS considers the applicant’s 

specified activity and the potential 

extent and magnitude of takes of marine 

mammals associated with that activity 

along with the extraordinary 

circumstances listed in the Companion 

Manual for NOAA Administrative Order 

(NAO) 216–6A and summarized above. 

The evaluation of whether 

extraordinary circumstances (if present) 

have the potential for significant 

environmental effects is limited to the 

decision NMFS is responsible for, 

which is issuance of the incidental take 

authorization. Potential effects of 

NMFS’ action are limited to those that 

would occur due to the authorization of 

incidental take of marine mammals. 

NMFS prepared numerous EAs 

analyzing the environmental impacts of 

the categories of activities encompassed 

by CE B4, which resulted in Findings of 

No Significant Impacts (FONSIs) and, in 

particular, numerous EAs prepared in 

support of issuance of IHAs related to 

similar survey actions are part of NMFS’ 

administrative record supporting CE B4. 

These EAs demonstrate the issuance of 

a given incidental harassment 

authorization does not affect other 

aspects of the human environment 

because the action only affects the 

marine mammals that are the subject of 

the incidental harassment authorization. 

Specifically for this action, NMFS 

independently evaluated the use of the 

CE for issuance of Bay State Wind’s 

IHA, which included consideration of 

extraordinary circumstances. As part of 

that analysis, NMFS considered whether 

this IHA issuance would result in 

cumulative impacts that could be 

significant. In particular, the issuance of 

an IHA to Bay State Wind is expected 

to result in minor, short-term behavioral 

effects on marine mammal species due 

to exposure to underwater sound from 

site characterization survey activities. 

Behavioral disturbance is possible to 

occur intermittently in the vicinity of 

Bay State Wind’s survey area during the 

1-year timeframe. Level B harassment 

will be reduced through use of 

mitigation measures described herein. 

Additionally, as discussed elsewhere, 

NMFS has determined that Bay State 

Wind’s activities fall within the scope of 

activities analyzed in Greater Atlantic 

Regional Fisheries Office’s (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), 

which concluded surveys such as those 


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planned by Bay State Wind are not 

likely to adversely affect ESA-listed 

species or adversely modify or destroy 

critical habitat. Accordingly, NMFS has 

determined that the issuance of this IHA 

will result in no more than negligible (as 

that term is defined by the Companion 

Manual for NAO 216–6A) adverse 

effects on species protected by the ESA 

and the MMPA. 

Further, the issuance of this IHA will 

not result in highly controversial 

environmental effects or result in 

environmental effects that are uncertain, 

unique, or unknown because numerous 

entities have been engaged in site 

characterization surveys that result in 

Level B harassment of marine mammals 

in the United States. This type of 

activity is well documented; prior 

authorizations and analysis 

demonstrates issuance of an IHA for this 

type of action only affects the marine 

mammals that are the subject of the 

specific authorization and, thus, no 

potential for significant cumulative 

impacts are expected, regardless of past, 

present, or reasonably foreseeable 

actions, even though the impacts of the 

action may not be significant by itself. 

Based on this evaluation, we concluded 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. 

The commenters did not provide any 

new or compelling evidence that 

suggests that wind energy development 

activities have the potential to 

negatively impact NARW. NMFS 

recognizes and appreciates the 

importance of the NARW as an integral 

part of traditional lifeways and cultural 

practices. However, NMFS emphasizes 

that there is no credible scientific 

evidence available suggesting that 

mortality and/or serious injury or Level 

A harassment is a potential outcome of 

the planned survey activity, and no 

additional evidence was presented by 

the commenter. NMFS notes there have 

never been reports of any serious 

injuries or mortalities of any marine 

mammal associated with site 

characterization surveys. The best 

available science indicates that Level B 

harassment, or disruption of behavioral 

patterns, may occur as a result of Bay 

State Wind’s specified activities. This 

point has been well supported by other 

agencies, including the BOEM and the 

Marine Mammal Commission (Marine 

Mammal Commission Newsletter, 

Spring 2023). In addition, a recent study 

by Thorne and Wiley (2024) reviewed 

spatiotemporal patterns of strandings, 

mortalities, and serious injuries of 

humpback whales along the U.S. east 

coast from 2016–2022 and found vessel 

strikes to be the major driver in the 

increase of humpback whale strandings, 

mortalities, and serious injuries. Based 

upon the spatiotemporal analysis, no 

evidence was found that offshore wind 

development played a role in the 

increased number of strandings over 

time; for example, spatiotemporal 

patterns between strandings and site 

assessment surveys did not seem 

associated. In fact, the potential for 

vessel strike increased from 2016–2022 

in association with increased container 

vessel traffic that overlapped with 

whales in new and shallow foraging 

areas. This potential for vessel strike 

also seemed to increase with the 

increased presence of juvenile 

humpback whales foraging off the MidAtlantic States. Under the IHA, NMFS 

requires Bay State Wind to abide by 

vessel speed restrictions and maintain 

separation distances between vessels 

and marine mammals that are intended 

to minimize the risk of any potential 

vessel strikes. The impacts of Level B 

harassment (i.e., behavioral disturbance) 

are expected to have a negligible impact 

on the NARW population as well as 

other potentially impacted marine 

mammal populations. NMFS has made 

the required findings based on the best 

scientific information available and has 

included mitigation measures to effect 

the least practicable adverse impacts on 

NARWs and other potentially impacted 

marine mammals. There is an active 

unusual mortality event (UME) for 

NARWs that began in June 2017. 

Overall, preliminary findings support 

human interactions, specifically vessel 

strikes and entanglements, as the cause 

of death for the majority of right whales. 

NMFS will continue to gather data to 

help us determine the cause of death for 

stranded whales. Vessel strikes and 

entanglement in fishing gear continue to 

be the greatest human threats to large 

whales. 

Description of Marine Mammals in the 

Area of Specified Activities 

A detailed description of the species 

likely to be affected by Bay State Wind’s 

marine site characterization surveys, 

including brief introductions to the 

species and relevant stocks as well as 

available information regarding 

population trends and threats, and 

information regarding local occurrence, 

were provided in sections 3 and 4 of the 

application, the Federal Register notice 

of the proposed IHA (89 FR 67597, 

August 21, 2024), and the Federal 

Register notice of the proposed IHA for 

the 2022 IHA (87 FR 52515, August 26, 

2022) addressing Lease Areas OCS–A 

0486, 0487, and 0500. 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/marinemammal-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 1 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 

(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 authorized here, PBR and annual 

serious injury and mortality 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. Atlantic and Gulf of Mexico 

SARs. All values presented in table 1 

are the most recent available at the time 

of publication, including, as applicable, 

from the draft 2023 SARs (available 

online at: https://

www.fisheries.noaa.gov/national/

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


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81463 

TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES1

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 Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) 

N Atlantic Right Whale ............ Eubalaena glacialis ................ Western Atlantic ..................... E, D, Y 340 (0, 337, 2021) 5 ............... 0.7 27.2 

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

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 

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises) 

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

Long-Finned Pilot Whale 6 ....... Globicephala melas ................ Western North Atlantic ........... -, -, N 39,215 (0.30, 30,627, 2021) .. 306 5.7 

Striped Dolphin ........................ Stenella coeruleoalba ............. Western North Atlantic ........... -, -, N 48,274 (0.29, 38,040, 2021) .. 529 0 

Atlantic White-Sided Dolphin ... Lagenorhynchus acutus ......... Western North Atlantic ........... -, -, N 93,233 (0.71, 54,443, 2021) .. 544 28 

Bottlenose Dolphin .................. Tursiops truncatus .................. Western North Atlantic Offshore.-, -, N 64,587 (0.24, 52,801, 2021) 7 507 28 

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

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

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

White-Beaked Dolphin ............. Lagenorhynchus albirostris .... Western North Atlantic ........... -, -, N 536,016 (0.31, 415,344, 2016) 4,153 0 

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

Order Carnivora—Superfamily Pinnipedia 

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

Gray Seal 8 .............................. Halichoerus grypus ................ Western North Atlantic ........... -, -, N 27,911 (0.20, 23,624, 2021) .. 1,512 4,570 

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). 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 stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessmentreports-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 mortality and serious injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A 

CV associated with estimated mortality due to commercial fisheries is presented in some cases. 5The current SAR includes an estimated population (Nbest 340) based on sighting history through December 2021 (NMFS, 2024). In October 2023, NMFS released 

a technical report identifying that the NARW population size based on sighting history through 2022 was 356 whales, with a 95 percent credible interval ranging from 

346 to 363 (Linden, 2023). Total annual average observed NARW mortality during the period 2017–2021 was 7.1 animals and annual average observed fishery mortality was 4.6 animals. Numbers presented in this table (27.2 total mortality and 17.6 fishery mortality) are 2016–2020 estimated annual means, accounting for undetected mortality and serious injury. 6Key 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. 7Estimates may include sightings of the coastal form. 

8 NMFS’ stock abundance estimate (and associated PBR 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. 

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, 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., low-frequency 

cetaceans). Subsequently, NMFS (2018) 

described generalized hearing ranges for 

these marine mammal hearing groups. 

Generalized hearing ranges were chosen 

based on the approximately 65-decibel 

(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 2. 

TABLE 2—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. 


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TABLE 2—MARINE MAMMAL HEARING GROUPS—Continued 

[NMFS, 2018] 

Hearing group Generalized 

hearing range * 

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). 

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 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is proposed 

here may be found in the Federal 

Register notice of the proposed IHA for 

the initial authorization proposed (87 

FR 52515, August 26, 2022). At present, 

there is no new information on potential 

effects that would change our analysis. 

Estimated Take of Marine Mammals 

This section provides an estimate of 

the number of incidental takes 

authorized through the IHA, which will 

inform NMFS’ consideration of ‘‘small 

numbers,’’ the negligible impact 

determinations, and impacts on 

subsistence uses. 

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); 

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 will be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to certain HRG sources. 

Based on the nature of the activity and 

the anticipated effectiveness of the 

mitigation measures (i.e., shutdown 

measures, vessel strike avoidance 

procedures) discussed in detail below in 

the Mitigation section, Level A 

harassment is neither anticipated nor 

authorized. 

As described previously, no serious 

injury or mortality is anticipated or 

authorized for this activity. Below we 

describe how the 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 likely 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 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 permanent 

threshold shift (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, 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 root-meansquared 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 nonexplosive 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 temporary threshold shift 

(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 (conspecific 

communication, predators, prey) may 

result in changes in behavior patterns 

that would not otherwise occur. 

Bay State Wind’s activity includes the 

use of impulsive (i.e., boomers and 

sparkers) and non-impulsive (i.e., 

CHIRP SBPs) sources, and therefore the 

RMS SPL thresholds 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; 

Technical Guidance, 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 nonimpulsive). 

These thresholds are provided in the 

table below. The references, analysis, 


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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/ 

marine-mammal-acoustic-technicalguidance. 

On May 3, 2024, NMFS published (89 

FR 36762) and solicited public comment 

on its draft Updated Technical 

Guidance, which includes updated 

thresholds and weighting functions to 

inform auditory injury estimates, and is 

intended to replace the 2018 Technical 

Guidance referenced above, once 

finalized. The public comment period 

ended on June 17, 2024, and although 

the Updated Technical Guidance is not 

final, we expect the Updated Technical 

Guidance to represent the best available 

science once it is. 

Bay State Wind’s HRG surveys 

include the use of impulsive (i.e., 

boomers and sparkers) and nonimpulsive (i.e., CHIRP SBPs). However, 

as discussed above, NMFS has 

concluded that Level A harassment is 

not a reasonably likely outcome for 

marine mammals exposed to noise from 

the sources for use here, and the 

potential for Level A harassment is not 

evaluated further in this document. The 

pending update to the Technical 

Guidance would not change NMFS’ 

determination regarding the likelihood 

of take by Level A harassment. Please 

see Bay State Wind’s application 

(section 1.4) for details of a quantitative 

exposure analysis exercise, (i.e., 

calculated Level A harassment isopleths 

and estimated Level A harassment 

exposures). No take by Level A 

harassment is anticipated or authorized 

by NMFS. 

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

Hearing group 

PTS onset acoustic thresholds*

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans ...................................... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ......................... Cell 2: LE,LF,24h: 199 dB. 

Mid-Frequency (MF) Cetaceans ...................................... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ........................ Cell 4: LE,MF,24h: 198 dB. 

High-Frequency (HF) Cetaceans ..................................... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ........................ Cell 6: LE,HF,24h: 173 dB. 

Phocid Pinnipeds (PW) (Underwater) ............................. Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ....................... Cell 8: LE,PW,24h: 201 dB. 

Otariid Pinnipeds (OW) (Underwater) ............................. Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ....................... Cell 10: LE,OW,24h: 219 dB. 

* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should 

also be considered. 

Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. 

In this table, thresholds are abbreviated to reflect American National Standards Institute (ANSI) standards (American National Standards Institute, 

2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized 

hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory 

weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). 

When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded. 

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 determining the rms 

sound pressure level at the 160-dB 

isopleth for the purpose of estimating 

the extent of Level B harassment 

isopleths associated with HRG survey 

equipment (NMFS, 2020). This 

methodology incorporates frequency 

and some directionality to refine 

estimated ensonified zones. Bay State 

Wind used NMFS’s methodology, using 

the source level and operation mode of 

the equipment planned for use during 

the survey, to estimate the maximum 

ensonified area over a 24-hour period, 

also referred to as the harassment area 

(table 4). Potential takes by Level B 

harassment are estimated within the 

ensonified area (i.e., harassment area) as 

an SPL exceeding 160 dB re 1 mPa for 

impulsive sources (e.g., sparkers, 

boomers) within an average day of 

activity. 

The harassment zone is a 

representation of the maximum extent 

of the ensonified area around a sound 

source over a 24-hour period. The 

harassment zone was calculated for 

mobile sound sources per the following 

formula: 

Harassment Zone = (Distance/day × 2r) 

+ pr2

where r is the linear distance from the 

source to the isopleth for Level A or 

Level B thresholds and day = 1 (i.e., 24 

hours). 

The estimated potential daily active 

survey distance of 70 km was used as 

the estimated areal coverage over a 24- 

hour period. This distance accounts for 

the vessel traveling at roughly 4 knots 

(kn) (2.1 m/second) and only for periods 

during which survey equipment that 

may result in take of marine mammals 

is in operation. A vessel traveling 4 kn 

(2.1 m/second) can cover approximately 

110 km per day; however, based on data 

from 2017, 2018, and 2019 surveys, 

survey coverage over a 24-hour period is 

closer to 70 km per day. For daylight 

only vessels, the distance is reduced to 

35 km per day; however, to maintain the 

potential for 24-hour surveys, the 

corresponding Level B harassment 

zones provided in table 4 were 

calculated for each source category 

based on the Level B threshold 

distances in table 3 with a 24-hour (70 

km) operational period. 

NMFS considers the data provided by 

Crocker and Fratantonio (2016) to 

represent the best available information 

on source levels associated with HRG 

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 when 

the source level for a specific type of 

HRG equipment is not provided in 

Crocker and Fratantonio (2016), NMFS 

recommends that either the source 

levels provided by the manufacturer be 

used, or, in instances where source 

levels provided by the manufacturer are 

unavailable or unreliable, a proxy from 

Crocker and Fratantonio (2016) be used 

instead. Table 2 shows the HRG 

equipment types that may be used 

during the surveys and the source levels 

associated with those HRG equipment 

types. 


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Based upon modeling results, of the 

HRG survey equipment planned for use 

by Bay State Wind that has the potential 

to result in Level B harassment of 

marine mammals, the Applied 

Acoustics Dura-Spark UHD and 

GeoMarine Geo-Source sparkers would 

produce the largest Level B harassment 

isopleth (141 m) or Harassment Zone. 

Estimated distances to Level B 

harassment isopleths for all sources 

evaluated here, including the sparkers, 

are provided in table 4. Although Bay 

State Wind does not expect to use 

sparker sources on all planned survey 

days, Bay State Wind assumes for 

purposes of analysis that the sparker 

would be used on all survey days. This 

is a conservative approach, as the actual 

sources used on individual survey days 

may produce smaller harassment 

distances. 

TABLE 4—DISTANCE TO LEVEL B HARASSMENT THRESHOLDS

[160 dB rms] 

Source 

Distance to Level B 

harassment threshold 

(m) 

Boomers ............................................................................................................................................................................... 76 

Sparkers ............................................................................................................................................................................... 141 

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. 2016, 2023) represent the 

best available information regarding 

marine mammal densities in the Lease 

Area and potential ECRs. The density 

data presented by Roberts et al. (2016, 

2023) incorporate aerial and shipboard 

line-transect data from NMFS and other 

organizations and incorporate data from 

8 physiographic and 16 dynamic 

oceanographic and biological covariates, 

and control 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 

(Roberts et al. 2016). In subsequent 

years, certain models have been updated 

based on additional data as well as 

certain methodological improvements. 

More information is available online at 

https://seamap.env.duke.edu/models/ 

Duke/EC. Marine mammal density 

estimates in the Lease Area and 

potential ECRs (animals/km2) were 

obtained using the most recent model 

results for all taxa (Roberts et al. 2023). 

The updated models incorporate 

sighting data, including sightings from 

NOAA’s Atlantic Marine Assessment 

Program for Protected Species 

(AMAPPS) surveys. 

For exposure analysis, density data 

from Roberts et al. (2023) were mapped 

using a geographic information system 

(GIS). Density grid cells that included 

any portion of the Lease Area and 

potential ECRs were selected for all 

survey months (see figure 4 of Bay State 

Wind’s application). The densities for 

each species as reported by Roberts et 

al. (2023) for each of the Lease Area and 

ECR were averaged by month; those 

values were then used to calculate the 

mean annual density for each species 

within the Lease Area and potential 

ECRs. Estimated mean monthly and 

annual densities (animals per km2) of all 

marine mammal species that may be 

taken by the survey are shown in table 

6 of Bay State Wind’s application. 

Please see table 5 for density values 

used in the exposure estimation process. 

Due to limited data availability and 

difficulties identifying individuals to 

species level during visual surveys, 

individual densities are not able to be 

provided for all species and they are 

instead grouped into ‘‘guilds’’ (Roberts 

et al. 2023). These guilds include pilot 

whales, common bottlenose dolphins, 

and seals. 

Long- and short-finned pilot whales 

are difficult to distinguish during 

shipboard surveys so individual habitat 

models were not able to be developed. 

However, as discussed in section 4.2.3 

of Bay State Wind’s application, all pilot 

whales in the Lease Area and potential 

ECRs are assumed to be long-finned 

pilot whales, so the densities and 

subsequent takes would apply only to 

this species. 

The density models do not 

distinguish between common bottlenose 

dolphin stocks due to limited data 

regarding distributions of these stocks. 

As discussed in section 4.2.7 of Bay 

State Wind’s application, only the 

western North Atlantic offshore stock is 

expected to occur in the Lease Area and 

potential ECRs. Therefore, the densities 

in table 5 and subsequent take 

calculations would only apply to this 

stock of bottlenose dolphins. 

Gray seals and harbor seals are 

reasonably identifiable during 

shipboard visual surveys; therefore, it is 

expected that some sightings will be 

assigned to species rather than to the 

generalized seal guild. Additionally, 

seals tend to occur in very small 

numbers when away from haul out 

areas; therefore, sighting events are not 

likely to constitute large numbers of 

animals. For these reasons, the seal 

guild density was split evenly between 

both gray and harbor seal species. 

TABLE 5—AVERAGE ANNUAL MARINE

MAMMAL DENSITY ESTIMATES

Species 

Average 

annual density 

(km2) 

Low-frequency Cetaceans 

Fin whale .............................. 0.0022 

Sei whale .............................. 0.0006 

Minke whale .......................... 0.0056 

Humpback whale .................. 0.0014 

North Atlantic right whale ..... 0.0022 

Mid-frequency cetaceans 

Sperm whale ......................... 0.0002 

Atlantic white-sided dolphin .. 0.0143 

Atlantic spotted dolphin ........ 0.0006 

Common bottlenose dolphin 

(Offshore) .......................... 0.0093 

Long-finned pilot whale ........ 0.0016 

Risso’s dolphin ..................... 0.0006 

Common dolphin .................. 0.0846 

Striped dolphin ...................... 0.0000 

White-beaked dolphin ........... 0.0000 

High-frequency Cetaceans 

Harbor porpoise .................... 0.0423 

Pinnipeds 1

Gray seal .............................. 0.0845 

Harbor seal ........................... 0.0845 

1Seal species are not separated in the Roberts (2022) data therefore densities were 

evenly split between the two species expected 

to occur in the Lease Area and potential 

ECRs. 


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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 is authorized. 

Level B harassment events were 

estimated by multiplying the average 

annual density of each species within 

the Lease Area and potential ECRs (table 

5) by the largest harassment zone (141 

m; table 4). That result was then 

multiplied by the number of survey 

days in that Lease Area or ECR (350 

survey days), and rounded to the nearest 

whole number to arrive at estimated 

take. This final number equals the 

instances of take for the entire 

operational period. It was assumed the 

sparker systems were operating all 350 

survey days as it is the sound source 

expected to produce the largest 

harassment zone. A summary of this 

method is illustrated in the following 

formula with the resulting take of 

marine mammals is shown below in 

table 6: 

Estimated take = Species Density × 

Harassment Zone × # of survey days 

TABLE 6—TOTAL ESTIMATED AND REQUESTED TAKE NUMBERS

[By Level B harassment only] 

Species Abundance 

Estimated 

Level B 

takes 

Requested 

Level B takes 

Max percent 

population 

Low-frequency Cetaceans: 

Fin whale .............................................................................................................. 6,802 15 15 0.22 

Sei whale .............................................................................................................. 6,292 4 4 0.06 

Minke whale .......................................................................................................... 21,968 39 39 0.18 

Humpback whale .................................................................................................. 1,396 10 10 0.72 

North Atlantic right whale ..................................................................................... 340 15 15 4.41 

Mid-frequency Cetaceans: 

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

Atlantic white-sided dolphin .................................................................................. 93,233 99 99 0.11

Atlantic spotted dolphin ........................................................................................ 31,506 4 4 0.01

Common bottlenose dolphin (offshore stock) ...................................................... 64,587 65 65 0.10 

Long-finned pilot whale ........................................................................................ 39,215 11 11 0.03 

Risso’s dolphin ..................................................................................................... 44,067 4 4 (14) 0.03 

Common dolphin .................................................................................................. 93,100 586 586 (1,485) 1.60 

Striped dolphin ...................................................................................................... 48,274 0 0 (46) 0.10 

White-beaked dolphin ........................................................................................... 536,016 0 0 (12) 0.00 

High-frequency Cetaceans: 

Harbor porpoise .................................................................................................... 85,765 293 293 0.34 

Pinnipeds: 

Seals: 

Gray seal ....................................................................................................... 27,911 586 586 2.10 

Harbor seal .................................................................................................... 61,336 586 586 0.96 

Additional data regarding average 

group sizes from survey effort in the 

region was considered to ensure 

adequate take estimates are evaluated. 

Take estimates for several species were 

adjusted based upon observed group 

sizes in the area. The adjusted take 

estimates for these species are indicated 

in bold in table 6. These calculated take 

estimates were adjusted for these 

species as follows: 

• Striped dolphin: No takes were 

calculated for this species (table 6), but 

data from AMAPPS data indicate this 

species was observed in the RI–MA 

Wind Energy Area (WEA) (Palka et al. 

2017) where this Project Lease Area is 

located. Therefore, 1 group of 46 was 

added to the requested takes, based on 

a sighting of 1 group of 46 from 

AMAPPS data (Palka et al. 2017). 

• Risso’s dolphin: Only 4 takes were 

calculated but based on two reported 

detections with a total of 14 individuals 

of this species in PSO monitoring 

reports for projects in the RI–MA WEA 

where this Project Lease Area is located 

(Bay State Wind, 2019; Smultea 

Environmental Sciences, 2020), the take 

number was increased to 14. 

• Common dolphin: The Applicant 

requested to increase their take numbers 

from 586 to 1,485 based on PSO data 

where 4,457 individuals were observed 

in the estimated Level B harassment 

zone over a total of 1,300 survey days 

(Smultea Environmental Sciences, 

2020). The survey is only 350 survey 

days which is approximately 1⁄3 of the 

survey days considered in the PSO data, 

so the number of takes has been 

recalculated to 1⁄3 of the 4,457 

detections which equates to 1,485. 

• White-beaked dolphin: no takes 

were calculated but based on reported 

detections of this species in 2 PSO 

monitoring reports for projects in the 

RI–MA WEA where this Project Lease 

Area is located (EPI Group, 2021; RPS, 

2021), 1 group of 12 was added to the 

requested takes. 

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, as 

well as subsistence uses where 

applicable, NMFS considers two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 


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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. 

NMFS requires that the following 

mitigation measures be implemented 

during Bay State Wind’s marine site 

characterization surveys. Pursuant to 

section 7 of the ESA, Bay State Wind 

will also be required to adhere to 

relevant Project Design Criteria (PDC) of 

the NMFS’ GARFO programmatic 

consultation (specifically PDCs 4, 5, and 

7) regarding geophysical surveys along 

the U.S. Atlantic coast (https://

www.fisheries.noaa.gov/new-englandmid-atlantic/consultations/section-7- 

take-reporting-programmatics-greateratlantic#offshore-wind-site-assessmentand-site-characterization-activitiesprogrammatic-consultation). 

Marine Mammal Shutdown Zones 

Marine mammal shutdown zones will 

be established around impulsive HRG 

survey equipment (e.g., sparkers and 

boomers) for all marine mammals. 

Shutdown zones will be monitored by 

PSOs based upon the radial distance 

from the acoustic source rather than 

being based around the vessel itself. An 

immediate shutdown of impulsive HRG 

survey equipment will be required if a 

whale is sighted at or within the 

corresponding marine mammal 

shutdown zones to minimize noise 

impacts on the animals. If a shutdown 

is required, a PSO will notify the survey 

crew immediately. Vessel operators and 

crews will comply immediately with 

any call for shutdown. The shutdown 

zone may or may not encompass the 

Level B harassment zone. Shutdown 

zone distances are as follows: 

• A 500 m shutdown zone for 

NARWs for use of impulsive acoustic 

sources (e.g., boomers and/or sparkers) 

and non-impulsive, non-parametric subbottom profilers; and 

• A 100-m shutdown zone for use of 

impulsive acoustic sources for all other 

marine mammals, with the exception of 

small delphinids, i.e., those belonging to 

the genera Delphinus, Lagenorhynchus, 

Stenella, or Tursiops, and pinnipeds. 

Shutdown will remain in effect until 

the minimum separation distances 

(detailed above) between the animal and 

noise source are re-established. If a 

marine mammal enters the respective 

shutdown zone during a shutdown 

period, the equipment may not restart 

until that animal is confirmed outside 

the clearance zone as stated previously 

in the pre-start clearance procedures. 

These stated requirements will be 

included in the site-specific training to 

be provided to the survey team. 

Pre-Start Clearance 

Marine mammal clearance zones will 

be established at the following distances 

around the HRG survey equipment and 

monitored by PSOs: 

• 500 m for NARWs and all other 

ESA-listed whales; 

• 100 m for non-ESA listed large 

whales; and 

• 50 m for dolphins, seals, and 

porpoises. 

Bay State Wind will implement a 30- 

minute pre-start clearance period prior 

to the initiation of ramp-up of specified 

HRG equipment. During this period, 

clearance zones will be monitored by 

PSOs, using the appropriate visual 

technology. Ramp-up may not be 

initiated if any marine mammal(s) is 

within its respective clearance zone. If 

a marine mammal is observed within a 

clearance zone during the pre-start 

clearance period, ramp-up may not 

begin until the animal(s) has been 

observed exiting its respective exclusion 

zone or until an additional time period 

has elapsed with no further sighting 

(i.e., 15 minutes for small odontocetes 

and seals, and 30 minutes for all other 

species). Monitoring will be conducted 

throughout all pre-clearance and 

shutdown zones as well as all visible 

waters surrounding the sound sources 

and the vessel. All marine mammals 

detected will be recorded as described 

in the Monitoring and Reporting 

section. 

Ramp-Up of Survey Equipment 

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. The ramp-up 

procedure will be used at the beginning 

of HRG survey activities in order to 

provide additional protection to marine 

mammals near the Lease Area and 

potential ECRs by allowing them to 

vacate the area prior to the 

commencement of survey equipment 

operation at full power. Operators 

should ramp-up sources to half power 

for 5 minutes and then proceed to full 

power. 

The ramp-up procedure will not be 

initiated (i.e., equipment will not be 

started) during periods of inclement 

conditions when the marine mammal 

pre-start clearance zone cannot be 

adequately monitored by the PSOs for a 

30 minute period using the appropriate 

visual technology. If any marine 

mammal enters the clearance zone, 

ramp-up will not be initiated until the 

animal is confirmed outside the marine 

mammal clearance zone, or until the 

appropriate time (30 minutes for 

whales, 15 minutes for dolphins, 

porpoises, and seals) has elapsed since 

the last sighting of the animal in the 

clearance zone. 

Shutdown, pre-start clearance, and 

ramp-up procedures are not required 

during HRG survey operations using 

only non-impulsive sources (e.g., 

echosounders) other than nonparametric sub-bottom profilers (e.g., 

CHIRPs). 

Vessel Strike Avoidance 

Bay State Wind must adhere to the 

following measures except in the 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 

protected species and slow down, stop 

their vessel, or alter course, as 

appropriate and regardless of vessel 

size, to avoid striking any protected 

species. A visual observer aboard the 

vessel must monitor a vessel strike 

avoidance zone based on the 

appropriate separation distance around 

the vessel (distances stated below). 

Visual observers monitoring the vessel 

strike avoidance zone may be thirdparty observers (i.e., PSOs) or crew 

members, but crew members 

responsible for these duties must be 

provided sufficient training to (1) 

distinguish protected species from other 

phenomena, and (2) broadly 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 mammal; 

a. All survey vessels, regardless of 

size, must observe a 10-kn (5.1 m/ 

second) speed restriction in specified 

areas designated by NMFS for the 

protection of NARWs from vessel strikes 

including seasonal management areas 

(SMAs) and dynamic management areas 

(DMAs) when in effect; 

b. Members of the monitoring team 

will consult NMFS NARW reporting 

system and Whale Alert, as able, for the 

presence of NARWs throughout survey 


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operations, and for the establishment of 

a DMA. If NMFS should establish a 

DMA in the Lease Area and potential 

ECRs during the survey, the vessels will 

abide by speed restrictions in the DMA; 

c. All vessels greater than or equal to 

19.8 m in overall length operating from 

November 1 through April 30 will 

operate at speeds of 10 kn (5.1 m/ 

second) or less at all times; 

d. All vessels must reduce their speed 

to 10 kn (5.1 m/second) or less when 

mother/calf pairs, pods, or large 

assemblages of any species of cetaceans 

is observed near a vessel; 

e. All vessels must maintain a 

minimum separation distance of 500 m 

from right whales and other ESA-listed 

large whales; 

f. If a whale is observed but cannot be 

confirmed as a species other than a right 

whale or other ESA-listed large whale, 

the vessel operator must assume that it 

is a right whale and take appropriate 

action; 

g. All vessels must maintain a 

minimum separation distance of 100 m 

from non-ESA listed 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 

shall 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). If 

marine mammals are sighted within the 

relevant separation distance, the vessel 

must reduce speed and shift the engine 

to neutral, not engaging the engines 

until animals are clear of the area. This 

does not apply to any vessel towing gear 

or any vessel that is navigationally 

constrained. 

Project-specific training will be 

conducted for all vessel crew prior to 

the start of a survey and during any 

changes in crew such that all survey 

personnel are fully aware and 

understand the mitigation, monitoring, 

and reporting requirements. 

Based on our evaluation of the 

applicant’s measures, NMFS has 

determined that the 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. 

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 

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. 

Monitoring Measures 

Visual monitoring will be performed 

by qualified, NMFS-approved PSOs, the 

resumes of whom will be provided to 

NMFS for review and approval prior to 

the start of survey activities. Bay State 

Wind would employ independent, 

dedicated, trained 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 their designated task. On 

a case-by-case basis, non-independent 

observers may be approved by NMFS for 

limited, specified duties in support of 

approved, independent PSOs on smaller 

vessels with limited crew operating in 

nearshore waters. 

The PSOs will be responsible for 

monitoring the waters surrounding each 

survey vessel to the farthest extent 

permitted by sighting conditions, 

including shutdown and pre-clearance 

zones, during all HRG survey 

operations. PSOs will visually monitor 

and identify marine mammals, 

including those approaching or entering 

the established shutdown and preclearance zones during survey activities. 

It will be the responsibility of the Lead 

PSO 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. 

During all HRG survey operations 

(e.g., any day on which use of an HRG 

source is planned to occur), a minimum 

of one PSO must be on duty during 

daylight operations on each survey 

vessel, conducting visual observations 

at all times on all active survey vessels 

during daylight hours (i.e., from 30 

minutes prior to sunrise through 30 

minutes following sunset). Two PSOs 

will be on watch during nighttime 

operations. The PSO(s) will ensure 360- 

degree visual coverage around the vessel 

from the most appropriate observation 

posts and would conduct visual 

observations using binoculars and/or 

night vision goggles and the naked eye 

while free from distractions and in a 

consistent, systematic, and diligent 

manner. 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. In cases where 

multiple vessels are surveying 

concurrently, any observations of 

marine mammals would be 

communicated to PSOs on all nearby 

survey vessels. 

PSOs must be equipped with 

binoculars and have the ability to 


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estimate distance and bearing to detect 

marine mammals, particularly in 

proximity to exclusion 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, night-vision goggles with 

thermal clip-ons and infrared 

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 would 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. Any 

observations of marine mammals by 

crew members aboard any 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. 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, behaviors); and 

details of any observed marine mammal 

behavior that occurs (e.g., notes 

behavioral disturbances). For more 

detail on the monitoring requirements, 

see condition 5 of the draft IHA. 

Reporting Measures 

Within 90 days after completion of 

survey activities or expiration of this 

IHA, whichever comes sooner, a draft 

comprehensive report will be provided 

to NMFS that fully documents the 

methods and monitoring protocols, 

summarizes the data recorded during 

monitoring, summarizes the number of 

marine mammals observed during 

survey activities (by species, when 

known), summarizes the mitigation 

actions taken during surveys including 

what type of mitigation and the species 

and number of animals that prompted 

the mitigation action, when known), 

and provides an interpretation of the 

results and effectiveness of all 

mitigation and monitoring. Any 

recommendations made by NMFS must 

be addressed in the final report prior to 

acceptance by NMFS. A final report 

must be submitted within 30 days 

following any comments on the draft 

report. All draft and final marine 

mammal and acoustic monitoring 

reports must be submitted to 

PR.ITP.MonitoringReports@noaa.gov 

and ITP.Hilt@noaa.gov. The report must 

contain at minimum, the following: 

• PSO names and affiliations: 

a. Dates of departures and returns to 

port with port names; 

b. Dates and times (Greenwich Mean 

Time) of survey effort and times 

corresponding with PSO effort; 

c. Vessel location (latitude/longitude) 

when survey effort begins and ends; 

vessel location at beginning and end of 

visual PSO duty shifts; 

d. Vessel heading and speed at 

beginning and end of visual PSO duty 

shifts and upon any line change; and 

e. Environmental conditions while on 

visual survey (at beginning and end of 

PSO shift and whenever conditions 

change significantly), including wind 

speed and direction, BSS, Beaufort wind 

force, swell height, weather conditions, 

cloud cover, sun glare, and overall 

visibility to the horizon; 

• Factors that may be contributing to 

impaired observations during each PSO 

shift change or as needed as 

environmental conditions change (e.g., 

vessel traffic, equipment malfunctions); 

• Survey activity information, such as 

type of survey equipment in operation, 

acoustic source power output while in 

operation, and any other notes of 

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

ramp-up, shutdown, end of operations, 

etc.); 

• Survey activity information (and 

changes thereof), including at minimum 

the general specifications of all acoustic 

sources, power output of all sparkers 

and boomers while in operation, 

number of operational sparker tips for 

all sparkers, tow depth(s) of all towed 

acoustic sources, and any other notes of 

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

ramp-up, shutdown, testing, shooting, 

ramp-up completion, end of operations, 

streamers, etc.); 

• If a marine mammal is sighted, the 

following information should be 

recorded: 

a. Watch status (sighting made by PSO 

on/off effort, opportunistic, crew, 

alternate vessel/platform); 

b. PSO who sighted the animal; 

c. Time of sighting; 

d. Vessel location at time of sighting; 

e. Water depth; 

f. Direction of vessel’s travel (compass 

direction); 

g. Direction of animal’s travel relative 

to the vessel; 

h. Pace of the animal; and 

i. Estimated distance to the animal 

and its heading relative to vessel at 

initial sighting; 

• 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; 

a. Estimated number of animals (high/ 

low/best); 

b. Estimated number of animals by 

cohort (adults, yearlings, juveniles, 

calves, group composition, etc.); and 

c. 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); 

• Detailed behavior observations (e.g., 

number of blows, number of surfaces, 

breaching, spyhopping, diving, feeding, 

traveling; as explicit and detailed as 

possible; note any observed changes in 

behavior); 

Æ Animal’s closest point of approach 

and/or closest distance from the center 

point of the acoustic source; 

• Platform activity at time of sighting 

(e.g., deploying, recovering, testing, data 

acquisition, other); and 

• Description of any actions 

implemented in response to the sighting 

(e.g., delays, shutdown, ramp-up, speed 

or course alteration, etc.) and time and 

location of the action. 

If a NARW is observed at any time by 

PSOs or personnel on any project 

vessels, during surveys or during vessel 

transit, Bay State Wind must 

immediately report sighting information 

to the NMFS North Atlantic Right 

Whale Sighting Advisory System: (866) 

755–6622. NARW sightings in any 

location may also be reported to the U.S. 

Coast Guard via channel 16. 

In the event that Bay State Wind 

personnel discover an injured or dead 

marine mammal, Bay State Wind will 

report the incident to the NMFS Office 

of Protected Resources (OPR) and the 

NMFS New England/Mid-Atlantic 

Stranding Coordinator as soon as 

feasible. The report would include the 

following information: 

a. Species identification (if known) or 

description of the animal(s) involved; 

b. Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

c. Observed behaviors of the 

animal(s), if alive; 

d. If available, photographs or video 

footage of the animal(s); and 

e. General circumstances under which 

the animal was discovered; 

f. Time; 

g. Date; and 

h. location (latitude/longitude) of the 

first discovery (and updated location 

information if known and applicable). 

In the unanticipated event of a ship 

strike of a marine mammal by any vessel 

involved in this activities covered by 

the IHA, Bay State Wind will report the 

incident to NMFS OPR and the NMFS 

New/England/Mid-Atlantic Stranding 

Coordinator as soon as feasible. The 

report would include the following 

information: 


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a. Time, date, and location (latitude/ 

longitude) of the incident; 

b. Species identification (if known) or 

description of the animal(s) involved; 

c. Vessel’s speed during and leading 

up to the incident; 

d. Vessel’s course/heading and what 

operations were being conducted (if 

applicable); 

e. Status of all sound sources in use; 

f. 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; 

g. Environmental conditions (e.g., 

wind speed and direction, BSS, cloud 

cover, visibility) immediately preceding 

the strike; 

h. Estimated size and length of animal 

that was struck; 

i. Description of the behavior of the 

marine mammal immediately preceding 

and following the strike; 

j. If available, description of the 

presence and behavior of any other 

marine mammals immediately 

preceding the strike; 

k. 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 

l. 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 1, given that the 

anticipated effects of this activity on 

these different marine mammal stocks 

are expected to be similar. Where there 

are meaningful differences between 

species or stocks—as is the case with 

the NARW—they are included as 

separate subsections below. 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 authorized. As discussed in 

the Potential Effects of Specified 

Activities on Marine Mammals and their 

Habitat section, non-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, 2021). As described above, 

Level A harassment is not expected to 

occur given the nature of the operations 

and the estimated small size of the Level 

A harassment zones. 

In addition to being temporary, the 

maximum expected harassment zone 

around the survey vessel is 141 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 

Lease Area and potential ECRs; 

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 longterm 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 Lease Area and 

potential ECRs. Two harbor and gray 

seal breeding and pupping grounds have 

been identified on Nantucket Sound at 

Monomoy and Muskeget Island. As the 

acoustic footprint of the HRG activities 

is relatively small and these areas occur 

outside the Lease Area and potential 

ECRs, hauled seals are not expected to 

be impacted by these activities. 

North Atlantic Right Whale 

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 support human interactions, 

specifically vessel strikes and 

entanglements, as the cause of death for 

the majority of right whales. The Lease 

Area and potential ECRs overlaps with 

a migratory corridor biologically 

important area (BIA) for NARWs 

(effective March–April; November– 

December) that extends from 

Massachusetts to Florida and, off the 

coast of NY and RI, from the coast to 

beyond the shelf break (LaBrecque et al. 

2015). Right whale migration is not 

expected to be impacted by the survey 

due to the very small size of the Lease 

Area and potential ECRs relative to the 

spatial extent of the available migratory 

habitat in the BIA. The Lease Area and 

potential ECRs also overlap with the 

Block Island SMA, active from 

November 1 to April 30. NARWs may be 

feeding or migrating within the SMA. 

Required vessel strike avoidance 

measures and following the speed 

restrictions of the SMA will decrease 

the risk of ship strike during NARW 

migration; no ship strike is expected to 

occur during Bay State Wind’s 

activities. For reasons as described 

above, minimal impacts are expected to 

prey availability and feeding success. 

Additionally, HRG survey operations 

are required to maintain a 500 m 

distance and shut down if a NARW is 

sighted at or within 500 m. The 500-m 

shutdown zone for right whales is 

conservative, considering the Level B 

harassment isopleth for the most 

impactful sources (i.e., GeoMarine 

Sparkers, AA Dura-spark UHD Sparkers, 

AA Triple plate S-Boom) is estimated to 

be 141 m, and thereby minimizes the 

potential for behavioral harassment of 

this species. Therefore only very limited 

take by Level B harassment of NARW 

has been requested and is authorized by 

NMFS. As noted previously, Level A 

harassment is not expected, nor 


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authorized, due to the small PTS zones 

associated with HRG equipment types 

for use. NMFS does not anticipate 

NARW takes that result from the survey 

activities would impact annual rates of 

recruitment or survival. Thus, any takes 

that occur would not result in 

population level impacts. 

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 UME 

(87 FR 46921, September 9, 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. More 

information about the NARW UME is 

provided in the Federal Register notice 

for the proposed IHA (89 FR 67597, 

August 21, 2024) and is available online 

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

national/marine-life-distress/active-andclosed-unusual-mortality-events. 

Other Marine Mammals With Active 

UMEs 

As noted previously, there are several 

active UMEs occurring in the vicinity of 

Bay State Wind’s Lease Area and 

potential ECRs. Elevated humpback 

whale mortalities have occurred along 

the Atlantic coast from Maine through 

Florida since January 2016. As of July 

16, 2024, 227 humpback whales have 

stranded as part of this UME. Partial or 

full necropsy examinations have been 

conducted on approximately 90 of the 

known cases. Of the whales examined, 

about 40 percent had evidence of 

human interaction, either ship 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. 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 

distinct population segment) remains 

stable at approximately 12,000 

individuals. More information about the 

humpback whale UME is provided in 

the Federal Register notice for the 

proposed IHA (89 FR 67597, August 21, 

2024) and is available online at https:// 

www.fisheries.noaa.gov/national/

marine-life-distress/active-and-closedunusual-mortality-events. 

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. As of August 7, 2024, 174 

minke whales have stranded as part of 

this UME. Partial or full necropsy 

examinations have been conducted on 

approximately 60% of the whales. 

Several of the whales showed evidence 

of human interactions or infectious 

diseases. This finding is not consistent 

across all whales examined and more 

research is needed. This event does not 

provide cause for concern regarding 

population level impacts, as the likely 

population abundance is greater than 

20,000 whales. More information about 

the minke whale UME is available 

online at https://

www.fisheries.noaa.gov/national/

marine-life-distress/active-and-closedunusual-mortality-events. 

The required mitigation measures are 

expected to reduce the number and/or 

severity of takes for all species listed in 

table 1, 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 more severe Level B 

harassment. No Level A harassment is 

anticipated, even in the absence of 

mitigation measures, or authorized. 

NMFS expects that takes would be in 

the form of short-term Level B 

behavioral harassment by way of brief 

startling reactions and/or temporary 

vacating of the area, or decreased 

foraging in the area (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. 

Required mitigation measures, such as 

shutdown zones and ramp up, 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 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 authorized; 

• No Level A harassment (PTS) is 

anticipated, even in the absence of 

mitigation measures or 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 area during the planned 

surveys to avoid exposure to sounds 

from the activity; 

• Take is anticipated to be of Level B 

behavioral harassment only consisting 

of brief startling reactions and/or 

temporary avoidance of the ensonified 

area; 

• While the Lease Area and potential 

ECRs is within areas noted as a 

migratory BIA and SMA for NARW, the 

activities would occur in such a 

comparatively small area such that any 

avoidance of the ensonified area due to 

activities would not affect migration. In 

addition, mitigation measures require 

shutdown at 500 m (almost four times 

the size of the Level B harassment 

isopleth (141 m), which minimizes the 

effects of the take on the species; and 

• The 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 

consideration the implementation of the 

monitoring and mitigation measures, 

NMFS finds that the total marine 

mammal take from the 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 will 

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 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81473 

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. 

The amount of take NMFS has 

authorized is below one-third of the 

estimated stock abundance for all 

species (in fact, take of individuals is 

less than 5 percent of the abundance of 

the affected stocks for these species, see 

table 6). The figures presented in table 

6 are likely conservative estimates as 

they assume all takes are of different 

individual animals which is likely not 

to be the case. Some individuals may 

return multiple times in a day, but PSOs 

would count them as separate takes if 

they cannot be individually identified. 

Based on the analysis contained 

herein of the activity (including the 

mitigation and monitoring measures) 

and the anticipated take of marine 

mammals, NMFS finds that small 

numbers of marine mammals will 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 will 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 OPR consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS OPR proposed to authorize the 

incidental take of four species of marine 

mammals which are listed under the 

ESA, including 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). 

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 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 determined that the issuance 

of the IHA qualifies to be categorically 

excluded from further NEPA review. 

Authorization 

NMFS has issued an IHA to Bay State 

Wind for the potential harassment of 

small numbers of 17 marine mammal 

species incidental to conducting site 

characterization surveys off the coast of 

Rhode Island and Massachusetts that 

includes the previously explained 

mitigation, monitoring and reporting 

requirements. 

Dated: October 3, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–23259 Filed 10–7–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 23–45] 

Arms Sales Notification 

AGENCY: Defense Security Cooperation 

Agency, Department of Defense (DoD). 

ACTION: Arms sales notice. 

SUMMARY: The DoD is publishing the 

unclassified text of an arms sales 

notification. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Young at (703) 953–6092, 

pamela.a.young14.civ@mail.mil, or 

dsca.ncr.rsrcmgmt.list.cns-mbx@

mail.mil. 

SUPPLEMENTARY INFORMATION: This 

36(b)(1) arms sales notification is 

published to fulfill the requirements of 

section 155 of Public Law 104–164 

dated July 21, 1996. The following is a 

copy of a letter to the Speaker of the 

House of Representatives with attached 

Transmittal 23–45, Policy Justification, 

and Sensitivity of Technology. 

Dated: October 2, 2024. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 6001–FR–P 


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