Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices 83655 

6See Certification of Factual Information To 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule); see also the frequently asked 

questions regarding the Final Rule, available at 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

7See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

8See section 782(b) of the Act; see also Final 

Rule; and the frequently asked questions regarding 

the Final Rule, available at https://

enforcement.trade.gov/tlei/notices/factual_info_

final_rule_FAQ_07172013.pdf. 

9See 19 CFR 351.302. 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct. The 

regulations, at 19 CFR 351.301, also 

provide specific time limits for such 

factual submissions based on the type of 

factual information being submitted. 

Please review the Final Rule,6 available 

at https://www.govinfo.gov/content/pkg/ 

FR-2013-07-17/pdf/2013-17045.pdf, 

prior to submitting factual information 

in this segment. Note that Commerce 

has amended certain of its requirements 

pertaining to the service of documents 

in 19 CFR 351.303(f).7

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information 

using the formats provided at the end of 

the Final Rule.8 Commerce intends to 

reject factual submissions in any 

proceeding segments if the submitting 

party does not comply with applicable 

certification requirements. 

Extension of Time Limits Regulation 

Parties may request an extension of 

time limits before a time limit 

established under Part 351 expires, or as 

otherwise specified by Commerce.9 In 

general, an extension request will be 

considered untimely if it is filed after 

the time limit established under Part 

351 expires. For submissions which are 

due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. on the due date. 

Examples include, but are not limited 

to: (1) case and rebuttal briefs, filed 

pursuant to 19 CFR 351.309; (2) factual 

information to value factors under 19 

CFR 351.408(c), or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2), filed pursuant to 19 CFR 

351.301(c)(3) and rebuttal, clarification 

and correction filed pursuant to 19 CFR 

351.301(c)(3)(iv); (3) comments 

concerning the selection of a surrogate 

country and surrogate values and 

rebuttal; (4) comments concerning CBP 

data; and (5) Q&V questionnaires. Under 

certain circumstances, Commerce may 

elect to specify a different time limit by 

which extension requests will be 

considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, 

Commerce will inform parties in the 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This policy also 

requires that an extension request must 

be made in a separate, standalone 

submission, and clarifies the 

circumstances under which Commerce 

will grant untimely-filed requests for the 

extension of time limits. Please review 

the Final Rule, available at https://

www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 

html/2013-22853.htm, prior to 

submitting factual information in these 

segments. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Act (19 U.S.C. 1675(a)) and 19 CFR 

351.221(c)(1)(i). 

Dated: October 10, 2024. 

Scot Fullerton, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2024–23914 Filed 10–16–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE297] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys in the New 

York Bight 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of renewal 

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 a renewal 

incidental harassment authorization 

(IHA) to Community Offshore Wind, 

LLC (COSW) to incidentally harass 

marine mammals incidental to marine 

site characterization surveys offshore 

from New Jersey and New York in the 

New York Bight, specifically within 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 0539 

(Lease Area) and associated Export 

Cable Route (ECR) survey area (ECR 

Area). There are no changes from the 

proposed authorization to this final 

authorization. 

DATES: This authorization is effective 

from October 9, 2024 through June 30, 

2025. 

ADDRESSES: Electronic copies of the 

original application, renewal request, 

and supporting documents (including 

NMFS Federal Register notices of the 

original proposed and final 

authorizations, and the previous IHA), 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/national/ 

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

accessing these documents, see FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Hilt, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

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

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

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are promulgated or, if the 

taking is limited to harassment, an 

incidental harassment authorization is 

issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). 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 


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similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

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

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

can be found in the MMPA and the 

NMFS’s implementing regulations (see 

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

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

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

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take); and 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

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

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

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

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. 

History of Request 

On June 30, 2023, NMFS issued an 

IHA to COSW to take marine mammals 

incidental to Marine Site 

Characterization Surveys in the New 

York Bight, specifically within the 

BOEM Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the OCS Lease Area 

and associated ECR Area (88 FR 42322), 

effective from July 1, 2023, through June 

30, 2024. On June 14, 2024, NMFS 

received an application for the renewal 

of that initial IHA. COSW has met all 

the conditions for a renewal. As 

described in the application for renewal 

IHA, the activities for which incidental 

take is requested consist of activities 

that are covered by the initial 

authorization but were not completed 

prior to its expiration. As required, the 

COSW also provided a preliminary 

monitoring report which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. NMFS has 

decided to waive the 60 days renewal 

requirement, recognizing that the 

renewal IHA, if issued, will expire one 

year from the expiration date of the 

initial IHA, on June 30, 2025, and 

having ensured that COSW understands 

that there is a lapse in MMPA 

authorization coverage between the 

expiration of the initial IHA and the 

issuance of any renewal. The notice of 

the proposed renewal IHA was 

published for public comment on 

August 21, 2024 (89 FR 67592). There 

are no changes from the proposed 

authorization in this final authorization. 

Description of the Specified Activities 

and Anticipated Impacts 

COSW’s 2023 IHA authorized take of 

marine mammals incidental to marine 

site characterization surveys, including 

high-resolution geophysical (HRG) 

surveys, offshore from New Jersey and 

New York in the New York Bight, which 

is within the BOEM Lease Area OCS–A 

0539 and associated ECR Area. 

Hereafter, both the areas are referred to 

as the Survey Area. The purpose of 

these surveys is to provide sufficient 

data to meet BOEM guidelines and 

support the development of offshore 

wind facilities in the survey area. 

Specifically, data collected would 

support site characterization, siting, and 

engineering design of offshore wind 

facilities including turbine generators, 

offshore substations, submarine cables 

and data necessary for project review 

requirements. COSW’s 2023 survey plan 

included 30,467 kilometers (km) of 

trackline. Of note, the trackline was 

broken down by Lease Area survey and 

ECR survey area. Approximately 28,290 

km was planned for the Lease Area and 

2,177 km for the ECR Area. The effort 

for bottlenose dolphins was 

differentiated to account for the two 

stocks present in the Survey Area. In the 

ECR Area trackline, 400 km is in waters 

<20 meters (m) deep where the Western 

North Atlantic Migratory Coastal Stock 

(Coastal Stock) of bottlenose dolphins 

may be present, whereas the remaining 

1,777 km is in waters >20 m deep where 

the Western North Atlantic Offshore 

Stock (Offshore Stock) of bottlenose 

dolphins may be present. In the Lease 

Area, all 28,290 km of trackline are in 

waters >20 m deep. COSW actually only 

completed 11,775 km (120 km of 

trackline in waters <20 m deep) of 

trackline prior to the request for the 

renewal, representing approximately 63 

percent. As noted above, the effort for 

bottlenose dolphins was differentiated 

to account for the two stocks present in 

the Survey Area. Tracklines in the 

Survey Area in waters <20 m and >20 

m deep were differentiated to account 

for differences in density between the 

two stocks of bottlenose dolphins, and 

the appropriate percentages of tracklines 

(70 and 62, respectively). 

Under the renewal IHA, COSW plans 

to continue to conduct survey activities 

over the remaining approximately 

19,092 km of trackline that was not 

completed in 2023. As a result of a 

miscommunication, COSW’s initial IHA 

authorized 400 km less trackline than 

they intended (i.e., 30,467 km versus 

30,867 km) and, therefore, COSW asked 

that the renewal IHA include the 400 

km (19,092 km vs. 18,692) of trackline 


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that was inadvertently omitted from the 

initial IHA. NMFS has determined that 

this correction to the remaining 

trackline is a minor change that does not 

affect the previous analyses, mitigation 

or monitoring requirements, or take 

estimates (except, of course, for the 

reduction in the take estimates). The 

percent of trackline left to survey and 

estimated take that may occur has been 

updated accordingly. COSW will have a 

maximum of three vessels surveying 

concurrently. 

The potential impacts of COSW’s 

planned activities on marine mammals 

involve acoustic stressors and are 

unchanged from the impacts described 

in the Federal Register notice for the 

initial Proposed IHA (88 FR 24574, 

April 21, 2023). Underwater sound, 

resulting from particular components of 

COSW’s HRG survey activities, has the 

potential to result in incidental take of 

marine mammals, in the form of Level 

B harassment only, in the specified 

geographic region. 

This renewal IHA is for the remainder 

of work that was not completed by the 

expiration date of the 2023 IHA. The 

renewal IHA authorizes incidental take, 

by Level B harassment, only of 15 

species (16 stocks) of marine mammals 

for a subset of marine site 

characterization survey activities to be 

completed, in the same area, using 

survey methods identical to those 

conducted under the 2023 IHA. Neither 

COSW nor NMFS expect serious injury 

or mortality to result from this activity 

and, therefore, an IHA is appropriate. 

Take by Level A harassment (injury) is 

unlikely, even absent mitigation, based 

on the characteristics of the signals 

produced by the acoustic sources 

planned for use. Therefore, the 

anticipated effects on marine mammals 

and the affected stocks also remain the 

same. All mitigation, monitoring, and 

reporting measures would remain 

exactly as described in the Federal 

Register notice for the issued 2023 IHA 

(88 FR 42322, June 30, 2023). 

Detailed Description of the Activity 

A detailed description of the surveys 

for which incidental take is proposed 

here may be found in the Federal 

Register Notices of the initial Proposed 

IHA (88 FR 24574, April 21, 2023). The 

specific geographic region and specified 

activities, including the types of survey 

equipment and number of survey 

vessels planned for use, are identical to 

those described in the previous notice, 

with the exception of the reduction in 

the size of the survey area since a small 

subset of the survey work planned 

under the 2023 IHA was completed. 

This renewal IHA is effective from 

[insert date of issuance] through June 

30, 2025. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

a renewal IHA to COSW was published 

in the Federal Register on August 21, 

2024 (89 FR 67592). That notice 

described, in detail, or referenced 

descriptions of COSW’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. 

NMFS received a total of two public 

comment letters. One public comment 

letter was from a non-governmental 

organization (Clean Ocean Action 

(COA)). The other was from the 

Wampanoag Tribe of Gay Head 

(Aquinnah) (Tribe). 

We reiterate 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. Some 

comments requested that NMFS fully 

study the implications of the Vineyard 

Wind blade failure on marine mammals 

before moving forward with offshore 

wind development, oppose take from 

offshore wind until the U.S. Coast 

Guard has finished establishing 

shipping safety fairways to balance 

offshore wind development with 

navigational safety, criticize NMFS and 

BOEM for improperly segmenting 

offshore wind activities in the Atlantic 

Ocean, and criticize BOEM’s 

underdeveloped understanding of 

marine mammal species’ current status 

such that the agency cannot accurately 

plan for future protections and 

mitigation of potential impacts. We do 

not specifically address these comments 

because they are out of scope of the 

proposed Renewal IHA (89 FR 67592, 

August 21, 2024). 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/ 

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

the comment submissions for full 

details regarding the recommendations 

and supporting rationale. 

Comment 1: A commenter has 

suggested that a Letter of Authorization 

(LOA) would be more appropriate than 

an IHA for the proposed survey 

activities, as the survey activities have 

spanned more than one year and NMFS 

has not indicated if the additional year 

will be sufficient to complete the 

remaining work. The commenter further 

stated that it is unclear whether there 

will be another renewal IHA proposed 

and authorized at the end of the current 

IHA, should it be granted. 

Response: NMFS disagrees with the 

commenter that an LOA would be more 

appropriate than an IHA for the planned 

survey activities simply because the 

survey activity has extended for more 

than a year. The MMPA allows, upon 

request, the incidental take of small 

numbers of marine mammals by U.S. 

citizens, engaged in a specified activity 

(other than commercial fishing) within 

a specified geographical region if certain 

findings are made. Two types of 

authorizations may be issued under 

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

MMPA. An LOA and accompanying 

incidental take regulation (ITR) may be 

issued to authorize U.S. citizens, 

engaged in a specified activity (other 

than commercial fishing), to take small 

numbers of marine mammals for up to 

5 years, whereas an IHA may be issued 

to authorize U.S. citizens, engaged in a 

specified activity (other than 

commercial fishing), to take small 

numbers of marine mammals by 

harassment for a period of 1 year. 

Neither the MMPA, nor its legislative 

history specifically require U.S. citizens 

to seek an LOA/ITR pursuant to section 

101(a)(5)(A) of the MMPA simply 

because an activity continues for more 

than one year. A determination of which 

option to pursue is not solely dependent 

on whether an activity continues for 

more than one year. 

While the NMFS website recommends 

that applicants seek an LOA if specified 

activity has the potential to result in 

harassment only and is planned for 

multiple years, it is not dispositive. On 

our website and in various Federal 

Register notices, NMFS explains that a 

renewal IHA is available to address 

those circumstances in which an action 

under the initial IHA could not be 

completed within the effective period of 

the authorization. COSW’s request for 

the initial IHA indicated a project 

duration of 1 year. As delays may be 

encountered, the Federal Register 

notices for the Proposed IHA and the 

Proposed Renewal IHA further establish 

that NMFS may issue ‘‘a one-time, oneyear renewal IHA’’ on a case-by-case 

basis if certain conditions are met (88 

FR 24574, Apr. 21, 2023; 89 FR 67592, 

Aug. 21, 2024). In order to qualify for a 

renewal IHA, the proposed renewal 

must consist of no more than one 

additional year of identical, or nearly 

identical, activities as were covered by 

the initial IHA or a subset of the 

activities covered by the initial IHA. 


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Additionally, the request for a renewal 

IHA must be accompanied by a 

preliminary monitoring report and 

explanation that the results do not 

indicate impacts of a scale or nature not 

previously analyzed or authorized. 

NMFS must also find there are no more 

than minor changes in the activities, the 

mitigation and monitoring measures 

remain the same and are appropriate, 

and the findings in the initial IHA 

remain valid. 

Upon review of the COSW’s request 

for renewal, the status of the affected 

species or stocks, the preliminary 

monitoring report, and other pertinent 

information, NMFS finds: (1) COSW’s 

renewal request is a subset of the 

activities covered by the initial IHA; (2) 

there are no more than minor changes 

in the survey activities (i.e., COSW’s 

correction of the remaining survey 

tracklines); (3) COSW’s preliminary 

monitoring results do not indicate 

impacts of a scale or nature not 

previously analyzed or authorized 

under the initial IHA; (4) mitigation and 

monitoring requirements are identical to 

those established in the initial IHA; and 

(5) the findings in the initial IHA 

(including the take estimates and small 

numbers determinations (except, of 

course, for reductions in each resulting 

from the change in the survey effort) 

and negligible impact determinations) 

remained valid. Therefore, COSW meets 

the conditions for a renewal IHA. 

Comment 2: A commenter states there 

is considerable uncertainty regarding 

the effect of preconstruction surveying 

on marine mammals. 

Response: NMFS disagrees. NMFS has 

issued IHAs for marine site 

characterization surveys and HRG 

surveys since 2014 and marine mammal 

behavioral responses, or lack thereof, 

from these activities are well 

documented. Marine mammal 

monitoring reports from authorized 

surveys and the best available science 

indicate that only Level B harassment 

(i.e., temporary disruption of behavioral 

patterns) may occur. No mortality or 

serious injury, or Level A harassment, is 

expected to occur as a result of COSW’s 

planned surveys, and there is no 

scientific evidence indicating that any 

marine mammal could experience 

mortality or serious injury as a direct 

result of noise from HRG survey 

activity. 

Comment 3: A commenter stated that 

Protected Species Observers (PSO) 

reports are rarely published publicly in 

any consistent way unless and until a 

developer applies for an IHA renewal. 

Response: NMFS disagrees with the 

commenter’s assertion that PSO reports 

are rarely published unless a developer 

applies for an IHA renewal. All 

applicants are required to submit a PSO 

report within 90 days after completion 

of survey activities that fully documents 

the methods and monitoring protocols, 

summarizes the data recorded during 

monitoring. All PSO reports are made 

publicly available on NMFS’s website 

after receipt. The preliminary PSO 

report submitted by the applicant and 

noted in the Federal Register notice (89 

FR 67592, August 21, 2024) proposing 

this action was a requirement under the 

BOEM Project Design Criteria (PDC) and 

Best Management Practices (PDC 8). 

COSW’s preliminary PSO report is 

publicly available on NMFS’s website. 

To view the preliminary PSO 

information, please visit: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorizationcommunity-offshore-wind-llc-marinesite-characterization. NMFS agrees with 

the need for reporting and indeed, the 

MMPA calls for IHAs to incorporate 

reporting requirements and a final 

marine mammal PSO report is required 

for the 2023 IHA. As included in the 

proposed IHA, the final IHA includes 

requirements for reporting that supports 

COA’s recommendations for consistent 

reporting, as well as timeframes for 

when reports will be considered 

complete and subsequently made 

publicly available. COSW is required to 

submit a PSO report to NMFS within 90 

days after completion of survey 

activities that fully documents the 

methods and monitoring protocols, 

summarizes the data recorded during 

monitoring. All final reports and 

associated data submitted to NMFS are 

posted on NMFS’ website. 

Comment 4: Commenters state they 

do not agree with the use of a 

Categorical Exclusion (CE) under 

National Environmental Policy Act 

(NEPA) and further analysis should be 

conducted while considering 

cumulative effects of the proposed IHA 

relative to other authorized takes in the 

area, including the activities conducted 

under the 2023 IHA and other projects 

in the New York Bight. 

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 may be 

used to address 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 


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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 COSW’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 

COSW 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 

COSW’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 COSW’s 

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), 

which concluded surveys such as those 

planned by COSW 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. 

Comment 5: Commenters object to 

allowing any takes to North Atlantic 

right whales (NARW) due to the species’ 

fragile status and believe that preserving 

the existence of NARW warrants 

pausing offshore development off the 

Atlantic coast. Commenters state that 

NMFS needs to study the cumulative 

harassment of marine mammals and 

other listed species, particularly the 

NARW whose existence are an integral 

part of traditional lifeways and cultural 

practices. Commenters urge NMFS to 

assess cumulative impacts to this most 

endangered species, including the total 

number, speed, and distance of vessel 

trips required for marine site 

characterization survey activities, for all 

concurrent projects in the region. 

Commenter’s also reference Thorne and 

Wiley’s (2024) paper stating that the 

conclusion highlights the need for 

further study on marine mammal 

strandings and the cumulative impacts 

of offshore wind. 

Response: NMFS disagrees with the 

commenter’s statement. NMFS 

authorizes take of marine mammals 

incidental to marine site 

characterization surveys but the renewal 

IHA issued to COSW does not authorize 

the surveys themselves and does not 

authorize offshore wind development. 

The purpose of the marine site 

characterization surveys is to obtain 

sufficient data to meet BOEm guidelines 

for geophysical, geotechnical, and 

geohazard information to support site 

characterization, sight, and engineering 

design of future offshore wind project 

facilities. While NMFS has the authority 

to modify, suspend, or revoke an IHA if 

the IHA holder fails to abide by the 

conditions prescribed therein 

(including, but not limited to, failure to 

comply with monitoring or reporting 

requirements), or if NMFS determines 

that (1) the authorized taking is having 

or is likely to have more than a 

negligible impact on the species or 

stocks of affected marine mammals, or 

(2) the prescribed measures are likely 

not or are not effecting the least 

practicable adverse impact on the 

affected species or stocks and their 

habitat, it is not within NMFS’ 

jurisdiction to impose a blanket 

moratorium on offshore wind 

development or to require cessation of 

the marine site characterization on the 

basis of unsupported speculation. 

NMFS recognizes and appreciates the 

importance of the NARW as an integral 

part of traditional lifeways and cultural 

practices. But, 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. NMFS notes there have 

never been reports of any serious 

injuries or mortalities of any marine 

mammal associated with any marine 

site characterization surveys. And, the 

commenter did not provide any 

compelling scientific evidence to 

support their claim that the proposed 

IHA and specific activities would lead 

to mortality or serious injury of NARWs. 

The best available science indicates 

that Level B harassment, or disruption 

of behavioral patterns, may occur as a 

result of COSW’s specified activities. 

This point has been well supported by 

other agencies, including the Bureau of 

Ocean Energy Management and the 

Marine Mammal Commission (Marine 

Mammal Commission Newsletter, 

Spring 2023). 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 spatio-temporal analysis, no 

evidence was found that offshore wind 

development contributed to the 

increased number of strandings, serious 

injuries or mortalities; for example, 

spatio-temporal 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 COSW 

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. NMFS is not 

suggesting the study by Thorne and 

Wiley (2024) presents any final 

resolution of the issue and generically 

agrees with the need for continued 

investigation on offshore wind effects 

on marine mammals. However, that 

does not impact our findings here for 

this IHA, or our determination that the 

specified activities will have a 

negligible impact on marine mammals. 

There is an ongoing unusual mortality 

event (UME) for humpback whales 

along the Atlantic coast from Maine to 

Florida, which includes animals 

stranded since 2016. Partial or full 

necropsy examinations were conducted 

on approximately half of the whales. 

Necropsies were not conducted on other 


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carcasses because they were too 

decomposed, not brought to land, or 

stranded on protected lands (e.g., 

national and state parks) where 

responders had limited or no access to 

the carcasses. Of the roughly 90 whales 

examined, about 40 percent had 

evidence of human interaction (i.e., 

vessel strike or entanglement). The 

remaining 50 necropsied whales either 

had an undetermined cause of death 

due to a limited examination or 

decomposition of the carcass, or had 

other causes of death (e.g., parasitecaused organ damage and starvation). 

Ongoing UMEs are also occurring for 

NARW and minke whales, both since 

2017. NMFS will continue to gather data 

to help us determine the cause of death 

for these stranded whales. Vessel strikes 

and entanglement in fishing gear 

continue to be the greatest human 

threats to large whales. 

We also refer to the GARFO 2021 

Programmatic Consultation, which finds 

that these survey activities are in 

general not likely to adversely affect 

marine mammal species listed under the 

ESA (i.e., GARFO’s analysis conducted 

pursuant to the ESA finds that marine 

mammals are not likely to be taken at 

all (as that term is defined under the 

ESA), much less be taken by serious 

injury or mortality). That document is 

found at: https://

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

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

impacts of Level B harassment 

authorized here (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. 

NMFS also notes the cumulative 

effects of substantially similar activities 

in the northwest Atlantic Ocean have 

been analyzed in the past under section 

7 of the ESA when NMFS engaged in 

formal intra-agency consultation, such 

as the 2013 programmatic Biological 

Opinion for Bureau of Ocean Energy 

Management Lease and Site Assessment 

Rhode Island, Massachusetts, New York, 

and New Jersey Wind Energy Areas 

(https://repository.library.noaa.gov/ 

view/noaa/29291). Analyzed activities 

include those for which NMFS issued 

previous IHAs (82 FR 31562, July 7, 

2017; 85 FR 21198, April 16, 2020; 86 

FR 26465, May 10, 2021), which are 

similar to those planned by COSW 

under this current IHA request. 

For NMFS’ response on cumulative 

impacts, please see our response to 

Comment 4. 

Comment 6: The Wampanoag Tribe of 

Gay Head (Aquinnah) (Tribe) stated that 

NMFS continues to administer Section 

7 consultations and take permits 

without complying with Executive 

Order 13175 that requires meaningful 

government-to-government consultation 

with Tribes on matters that have 

implications for tribes, and requested 

that no IHAs are renewed in the New 

York Bight until the issue is addressed. 

Response: Executive Order 13175 

directs Federal agencies to establish 

procedures for meaningful consultation 

and coordination with Tribal officials in 

the development of Federal policies that 

have Tribal implications. 65 FR 67249 

(Nov. 9, 2000). ‘‘Policies that have tribal 

implications’’ refers to regulations, 

legislative comments or proposed 

legislation, and other policy statements 

or actions that have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Additionally, the consultation 

requirement set forth in Section 5 of 

Executive Order 13175 provides that 

‘‘Each agency shall have an accountable 

process to ensure meaningful and timely 

input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ NMFS is 

committed to carrying out its 

responsibilities under Executive Order 

13175, as implemented through NOAA 

Administrative Order 218–8 (Policy on 

Government-to-Government 

Consultation with Federally-Recognized 

Indian Tribes and Alaska Native 

Corporations) and the NOAA Tribal 

Consultation Handbook. However, 

NMFS disagrees that renewal of the IHA 

for the take of marine mammals 

incidental to HRG surveys in the New 

York Bight should be suspended. We 

intend to engage with the Tribe going 

forward to ensure that we satisfy our 

responsibilities under Executive Order 

13175 and address to the extent possible 

(in context of the actions we are 

responsible for) the Tribe’s concerns 

regarding wind energy development. 

Comment 7: A commenter has 

requested that NMFS provide 

documentation for its determination to 

add an additional 400 km of trackline 

that was inadvertently excluded from 

the 2023 IHA—not providing the factual 

basis for the conclusion would make the 

finding arbitrary and capricious. The 

commenter further states that ‘‘nearly 

identical’’ has not been defined in 

NOAA protocols and the standard is 

subjective. 

Response: Please see the Detailed 

description of the Activity in the 

Federal Register notice of proposed IHA 

(89 FR 67592, August 21, 2024). The 

request from COSW to include the 

additional 400 km of trackline is 

documented in this notice. NMFS has 

determined that the inclusion of the 

additional 400 km to the remaining 

survey trackline is a minor change that 

does not affect the analyses, mitigation 

and monitoring requirements remained 

the same as those identified in the 

initial IHA, NMFS’s negligible impact 

determination on the affected species 

and/or stocks remained the same and, 

further, the remaining survey trackline 

for this renewal is less than the total 

trackline included in the initial IHA. 

The maximum percent population for 

each species is small relative to 

individual stock abundance (less than 

one third) which meets the criteria for 

NMFS to make a negligible impact 

determination for COSW’s specified 

activities. 

While ‘‘nearly identical’’ is not 

explicitly defined, NMFS believes the 

plain language definition is adequate. 

The IHA renewal process guidance on 

our website indicates that the applicant 

must clearly describe any minor change 

in the activity and why the change will 

have either no effect on the impacts to 

marine mammals, or will decrease the 

type and/or amount of expected take. 

An example of an applicant that is 

qualified for a renewal is an applicant 

conducting bird research at three sites 

(resulting in behavioral harassment of 

pinnipeds) as covered by the initial 

IHA. Sixty days prior to expiration of 

the initial IHA, the applicant requests a 

renewal to authorize take incidental to 

a second year conducting the same 

research, at the same three sites, for the 

same duration, in the same seasons— 

with no other known changes. An 

example of an applicant that is not 

qualified for renewal is an applicant 

conducting bird research at three sites 

(resulting in behavioral harassment of 

pinnipeds) as covered by the initial 

IHA. Two months prior to the expiration 

of the initial IHA, the applicant requests 

a renewal to authorize take incidental to 

a second year conducting the same 

research, at the same three sites, for the 

same duration, in the same seasons—but 

wishes to add one new site to the 

research activity, which is associated 

with the need for additional take 

authorization (i.e., higher numbers than 

the initial IHA). Further, examples 


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illustrating activities that do and do not 

qualify for a renewal are included on 

the website. NMFS has determined that 

the activities planned in the renewal 

IHA are nearly identical to those 

identified in the initial IHA, using the 

same survey equipment and number of 

survey vessels planned for use and 

covering the same geographic region. 

COSW will be using the same sparker 

systems (applied Acoustics Dura-Spark 

UHD 400+400 Seismic Sound Source 

(400 tip/300–1,000 joules (J)) and the 

Geo-Source 200–400 Marine Multi-Tip 

Sparker System (400 tip/300–1,000 J)) 

and implementing the same mitigation, 

monitoring, and reporting. Since the 

addition of 400 km of trackline does not 

increase the take beyond that analyzed 

or change the negligible impact 

determination, NMFS has determined 

that this change is minor and does not 

affect the previous analysis. For more 

information about the details and 

conditions of the IHA renewal process, 

please visit https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

Comment 8: A commenter suggested 

NMFS should work with other agencies 

to produce or commission an 

independent study about marine 

mammal mortality on the East Coast, 

specifically to cross-reference PSO data 

with the coordinates of marine mammal 

strandings to determine whether there is 

a correlation between wind surveying 

activities and strandings. The 

commenter states that using PSO data 

will improve the best available science 

to predict and potentially prevent 

impacts to marine mammals, and NMFS 

should refrain from issuing IHAs until 

the agency can determine the cause of 

the marine mammal deaths. 

Response: NMFS disagrees that the 

renewal IHA should be denied, as we 

have made the necessary findings 

required by the MMPA for issuance and 

supported them with the necessary 

analyses and best available science. 

Neither the proposed IHA nor this final 

IHA allow mortality or serious injury of 

marine mammals to be authorized. 

NMFS authorizes take of marine 

mammals incidental to marine site 

characterization surveys but does not 

authorize the surveys themselves. 

Therefore, while NMFS has the 

authority to modify, suspend, or revoke 

an IHA if the IHA holder fails to abide 

by the conditions prescribed therein 

(including, but not limited to, failure to 

comply with monitoring or reporting 

requirements), or if NMFS determines 

that (1) the authorized taking is having 

or is likely to have more than a 

negligible impact on the species or 

stocks of affected marine mammals, or 

(2) the prescribed measures are likely 

not or are not effecting the least 

practicable adverse impact on the 

affected species or stocks and their 

habitat, it is not within NMFS’ 

jurisdiction to impose a moratorium on 

offshore wind development or to require 

surveys to cease on the basis of 

unsupported speculation. 

NMFS appreciates the suggestion to 

commission a study that would crossreference PSO data with coordinates of 

marine mammal strandings to 

investigate a correlation between the 

two, but notes that correlation is not 

equivalent to causation, especially if all 

potential factors are not considered. The 

data collected by PSOs, and subsequent 

analysis, provide the necessary 

information to inform an estimate of the 

amount of take that occurred during the 

activity, better understand the impacts 

of the activity on marine mammals, 

address the effectiveness of monitoring 

and mitigation measures, and to 

adaptively manage activities and 

mitigation in the future. Data reported 

includes information on marine 

mammal sightings, activity occurring at 

time of sighting, monitoring conditions, 

and if mitigation was employed. NMFS 

has considered the best available 

science regarding the effect of wind 

surveying activities and marine 

mammal strandings and has determined 

there is no evidence that noise arising 

from offshore wind development-related 

site characterization surveys could 

potentially cause marine mammal 

stranding, mortality, or serious injury. 

There is no evidence linking recent 

large whale mortalities to past or 

ongoing site characterization surveys. 

The commenters offer no such evidence. 

NMFS will continue to gather data to 

help us determine the cause of death for 

stranded whales on the East Coast of the 

United States. We further note the 

Marine Mammal Commission’s recent 

statement: ‘‘There continues to be no 

evidence to link these large whale 

strandings to offshore wind energy 

development, including no evidence to 

link them to sound emitted during wind 

development-related site 

characterization surveys, known as HRG 

surveys. Although HRG surveys have 

been occurring off New England and the 

mid-Atlantic coast, HRG devices have 

never been implicated or causativelyassociated with baleen whale 

strandings.’’ (Marine Mammal 

Commission Newsletter, Spring 2023). 

Of the strandings documented to date 

worldwide, NMFS is not aware of any 

being attributed to the types of HRG 

equipment proposed for use during 

COSW’s surveys. Recently, there has 

been heightened interest in HRG 

surveys relative to recent marine 

mammals strandings along the U.S. East 

Coast. HRG surveys involve the use of 

certain sources to image the ocean 

bottom, which are very different from 

seismic airguns used in oil and gas 

surveys or tactical military sonar, in that 

they produce much smaller impact 

zones. Marine mammals may respond to 

exposure to these sources by, for 

example, avoiding the immediate area, 

which is why offshore wind developers, 

like COSW, seek authorization for Level 

B (behavioral) harassment. However, 

because of the combination of lower 

source levels, higher frequency, 

narrower beam-width (for some 

sources), and other factors, the area 

within which a marine mammal might 

be expected to be behaviorally disturbed 

by HRG sources is much smaller (by 

orders of magnitude) than the impact 

areas for seismic airguns or the military 

sonar with which a small number of 

marine mammal have been causally 

associated. Specifically, estimated 

harassment zones for HRG surveys are 

typically less than 200 m (such as those 

associated with the project), while the 

harassment zones for military midfrequency active sonar or seismic airgun 

surveys typically extend for several kms 

ranging up to 10s of km. Further, 

because of this much smaller ensonified 

area, any marine mammal exposure to 

HRG sources is reasonably expected to 

be at significantly lower levels and 

shorter duration (associated with less 

severe responses), and there is no 

evidence suggesting that marine 

mammals exposed to HRG survey noise 

are likely to be injured, much less 

strand, as a result. Of note, NMFS has 

performed a thorough review of a report 

submitted by Rand (2023), that includes 

measurements of the Geo-Marine GeoSource 400 sparker, and suggests that 

NMFS is assuming lower source and 

received levels than is appropriate in its 

assessments of HRG impacts. NMFS has 

determined that the values in this IHA 

are appropriate, based on the model 

methodology (i.e., the assumed source 

level propagated using spherical 

spreading) here predicting a peak level 

3 dB louder than the maximum 

measured peak level at the closest 

measurement range in Rand (2023). 

Also of note, in an assessment of 

monitoring reports for HRG surveys 

received from 2021 and later, as 

compared to the takes of marine 

mammals authorized, an average of 

fewer than 15 percent of all species with 

authorized take have been detected 

within harassment zones, with no more 

than 27 percent for any species 


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(common dolphins) and 20 percent or 

fewer for all other species. The most 

common behavioral reaction to the HRG 

sound source reported was ‘‘change 

direction’’ though detections of ‘‘no 

behavioral change’’ occurred nearly 

twice as many times as ‘‘change 

direction,’’ if not more. 

Additionally, a recent paper by 

Thorne and Wiley (2024) reviewed 

spatio-temporal patterns of strandings, 

mortalities, and serious injuries of 

humpback whales along the U.S. East 

Coast from 2016–2022. Humpback 

whales were chosen as a case study for 

this analysis because of its ongoing 

UME and since Humpback whales 

strand more often than other large whale 

species. Thorne and Wiley (2024) found 

vessel strikes to be a major driver in the 

increase of humpback whale strandings, 

mortalities, and serious injury along the 

U.S. East Coast. The potential for vessel 

strike increased during the study period 

due to increased vessel traffic in new 

foraging areas, the increased presence of 

juvenile humpback whales, and 

humpback whale foraging in shallow 

areas that overlap with vessel traffic. 

Based upon the spatio-temporal 

analysis, no evidence was found that 

offshore wind development contributed 

to the increased number of strandings 

over time. Future studies should focus 

on gaining a greater understanding of 

spatial and seasonal habitat use patterns 

of large whales, spatio-temporal changes 

in prey abundance and distribution, and 

how habitat use and foraging behavior 

affect the risk of vessel strike. Recently, 

NMFS was made aware of a media 

article wherein a member of the public 

conducted a statistical analysis on the 

correlation between offshore wind 

vessel use and whale deaths along the 

U.S. East Coast (Climate Change 

Dispatch, 2024). NMFS has long 

recognized that marine mammals 

strandings have increased over the 

years, including increases in strandings 

of three large whale species resulting in 

the declaration of UMEs for minke, 

humpback, and NARW in 2018, 2017, 

and 2017 respectively. Offshore wind 

development has increased over the 

same time period. However, NMFS does 

not ascribe much weight to the analysis. 

The analysis presented in the Climate 

Change Dispatch article was not peerreviewed, and does not appear to 

separate other vessel movement from 

offshore wind-related survey activities, 

did not consider other known factors 

that are increasing ship strike risk in 

general (e.g., Thorne and Wiley, 2024) 

or other factors leading to increased 

strandings (e.g., entanglement, climate 

change), and the analysis did not 

demonstrate that offshore wind vessel 

traffic or HRG surveys are the cause of 

strandings. Overall, while NMFS 

considered this information, the Climate 

Change Dispatch article did not provide 

new information that links whale 

strandings to offshore wind vessel 

movement or surveys. 

Furthermore, NMFS does not expect 

that the generally short-term, 

intermittent, and transitory marine site 

characterization survey activities 

planned by COSW will create 

conditions of acute or chronic acoustic 

exposure leading to long-term 

physiological impacts in whales. The 

best available science indicates that 

Level B harassment (i.e., disruption of 

behavioral patterns) may occur as a 

result of COSW’s specified activities. 

We also refer to the Greater Atlantic 

Regional Fisheries Office (GARFO) 2021 

Programmatic Consultation, which finds 

that these survey activities are in 

general not likely to adversely affect 

Endangered Species Act (ESA)-listed 

marine mammal species. That document 

is found at https://

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

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

NMFS does not use PSO data to 

‘predict and potentially prevent impacts 

to marine mammals’, but has reviewed 

the best available scientific information 

about the occurrence of marine 

mammals, including current density 

data and other relevant information, to 

understand marine mammal densities in 

the planned survey area, calculate take 

estimates, and develop mitigation 

measures. Habitat-based density models 

produced by the Duke University 

Marine Geospatial Ecology Laboratory 

(Roberts et al., 2016, Roberts et al., 2023) 

represent the best available information 

regarding marine mammal densities in 

the planned survey area. These density 

data incorporate aerial and shipboard 

line-transect survey data from NMFS 

and other organizations and incorporate 

data from numerous physiographic and 

dynamic oceanographic and biological 

covariates, and controls for the 

influence of sea state, group size, 

availability bias, and perception bias on 

the probability of making a sighting. 

These density models were originally 

developed for all cetacean taxa in the 

U.S. Atlantic in 2016 and models for all 

taxa were updated in 2022 (Roberts et 

al., 2016, Roberts et al., 2023). More 

information is available online at 

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

Duke/EC/. 

Marine mammal density estimates in 

the survey area (animals/km2) were 

obtained using the most recent model 

results for all taxa. NMFS takes 

seriously the risk of impact to marine 

mammals through survey activities and 

has prescribed measures to ensure the 

least practicable adverse impact on 

species or stocks and their habitat. The 

full list of mitigation measures can be 

found in Condition 4 of the IHA and in 

the Mitigation section of this notice. The 

mitigation measures included in 

COSW’s IHA are not unique, and data 

from prior IHAs support the 

effectiveness of these mitigation 

measures. Level B harassment will be 

reduced through use of mitigation 

measures described herein. 

Comment 9: A commenter has stated 

that PSO reports did not address 

uncertainties related to the cumulative 

impacts of ecological effects of 

surveying activities for OSW including 

changes in migration, breeding, nursing, 

needing, or sheltering patterns. 

Response: PSO reports are not 

designed to address the cumulative 

impacts of offshore wind surveying 

activities on marine mammals, but, as 

required, help increase our 

understanding of marine mammals in 

the area and the impacts of the activity 

on marine mammals. For NMFS’ 

response on cumulative impacts, please 

see our response to Comment 4. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

take is authorized here, including 

information on abundance, status, 

distribution, and hearing, may be found 

in the Federal Register notice of the 

proposed IHA (88 FR 24574, April 21, 

2023) for the initial IHA. NMFS has 

reviewed the monitoring data from the 

initial IHA, the draft 2023 Stock 

Assessment Reports (SARs), which 

included updates to certain stock 

abundances since the initial IHA was 

issued, information on relevant UMEs, 

and other scientific literature. The draft 

2023 SAR updated the population 

estimate (Nbest) of NARW from 338 to 

340 and annual mortality and serious 

injury from 31.2 to 27.2. The updated 

population estimate in the draft 2023 

SAR is based upon sighting history 

through December 2021 (89 FR 5495, 

January 29, 2024). Total annual average 

observed NARW mortality during the 

period 2017–2021 was 7.1 animals and 

annual average observed fishery 

mortality was 4.6 animals, however, 

estimates of 27.2 total mortality and 

17.6 fishery mortality account for 

undetected mortality and serious injury 

(89 FR 5495, January 29, 2024). In 


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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). NMFS conservatively 

relies in this circumstance on the lower 

SAR abundance estimate. 

The population estimates (Nbest) also 

increased for the North Atlantic stock of 

sperm whales, the Western North 

Atlantic Offshore stock of common 

bottlenose dolphins, Western North 

Atlantic stocks of Risso’s dolphins, 

Atlantic spotted dolphins, and gray 

seals. However, abundance estimates 

slightly decreased for the Western North 

Atlantic stocks of common dolphins and 

harbor porpoises. NMFS has determined 

there is no new information that affects 

which species or stocks have the 

potential to be affected or the pertinent 

information in the Description of the 

Marine Mammals in the Area of 

Specified Activities contained in the 

supporting documents for the initial 

IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is authorized 

may be found in the Notices of the 

Proposed (88 FR 24574, April 21, 2023) 

and Final IHAs (88 FR 42322, June 30, 

2023) for the initial IHA. NMFS has 

reviewed the monitoring data from the 

initial IHA, recent draft stock 

assessment reports, information on 

relevant UMEs and other scientific 

literature and determined that there is 

no new information that affects our 

initial analysis of impacts on marine 

mammals and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

Federal Register Notice of the Final IHA 

(88 FR 42322, June 30, 2023) for the 

initial IHA. Specifically, the source 

levels, days of operation, and marine 

mammal density/occurrence data 

applicable to this authorization remain 

unchanged from the initial IHA. 

Similarly, the stocks taken, methods of 

take, and types of take remain 

unchanged from the initial IHA, as do 

the number of takes, which are 

indicated below in table 1. The number 

of takes authorized are a subset of the 

initial authorized takes that better 

represent the amount of the remaining 

activity COSW has left to complete. 

These estimated takes, which reflect the 

remaining survey trackline, are 

indicated below in table 1. 

TABLE 1—AUTHORIZED NUMBER OF TAKES BY LEVEL B HARASSMENT BY SPECIES AND STOCK AND PERCENT OF TAKE BY

STOCK 1

Species Scientific name Stock Abundance 

2023 IHA 

authorized 

take 

2024 renewal IHA 

Percentage 

of trackline 

requested 

in renewal 

Estimate of 

take for 

requested 

trackline 

Max percent 

population 

North Atlantic right whale ..... Eubalaena glacialis .............. Western Atlantic ................... 340 24 63 15 2 4.4 

Fin whale .............................. Balaenoptera physalus ........ Western North Atlantic ......... 6,802 76 63 48 0.7 

Sei whale .............................. Balaenoptera borealis .......... Nova Scotia ......................... 6,292 24 63 15 0.2 

Minke whale ......................... Balaenoptera ........................

acutorostrata ........................

Canadian East Coastal ........ 21,968 304 63 192 0.9 

Humpback whale .................. Megaptera novaeangliae ..... West Indies DPS ................. 1,396 46 63 29 2.1 

Sperm whale ........................ Physeter macrocephalus ..... North Atlantic ....................... 4,349 10 63 6 0.1 

Risso’s dolphin ..................... Grampus griseus ................. Western North Atlantic ......... 35,215 59 63 37 0.1 

Long-finned pilot whale ........ Globicephala melas ............. Western North Atlantic ......... 39,215 78 63 49 0.1 

Atlantic white-sided dolphin Lagenorhynchus acutus ....... Western North Atlantic ......... 93,233 427 63 269 0.3 

Common dolphin .................. Delphinus delphis ................ Western North Atlantic ......... 172,974 5,572 63 3,510 2.0 

Atlantic spotted dolphin ........ Stenella frontalis .................. Western North Atlantic ......... 39,921 320 63 202 0.5 

Common bottlenose dolphin, 

Offshore stock.

Tursiops truncates ............... Western North Atlantic Offshore (occurs within >20 

m deep).

62,851 1,316 62 816 1.3 

Common bottlenose dolphin, 

Northern migratory coastal 

stock.

Tursiops truncates ............... Western North Atlantic 

Northern Migratory Coastal (occurs within <20 m 

deep).

6,639 115 70 81 1.2 

Harbor porpoise ................... Phocoena phocoena ............ Gulf of Maine/Bay of Fundy 

Stock.

95,543 1,912 63 1,205 1.3 

Harbor seal ........................... Phoca vitulina ...................... Western North Atlantic ......... 61,336 1,955 63 1,232 2.0 

Gray seal 3 ............................ Halichoerus grypus .............. Western North Atlantic ......... 27,300 1,955 63 1,232 4.5 

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

(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)). 2Based on the 2023 draft marine mammal stock assessment reports (SAR). 

3 NMFS’s stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 451,600. The annual mortality/serious injury given is for the total stock. 

Description of Mitigation, Monitoring 

and Reporting Measures 

The mitigation, monitoring, and 

reporting measures included as 

requirements in this IHA are identical to 

those included in the Federal Register 

notice announcing the issuance of the 

initial IHA (88 FR 42322, June 30, 2023) 

and the discussion of the least 

practicable adverse impact 

determination included in that 

document remains applicable and 

accurate. 

The mitigation, monitoring, and 

reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA, and the 

discussion of the least practicable 

adverse impact included in the Federal 

Register notice of the proposed IHA 

remains accurate. NMFS will require the 

following measures for this renewal 

IHA: 

Visual Monitoring and Shutdown Zones 

COSW must 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 


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communicate with and instruct relevant 

vessel crew with regard to the presence 

of marine mammals and mitigation 

requirements (including brief alerts 

regarding maritime hazards), and (3) 

have successfully completed an 

approved PSO training course 

appropriate for geophysical surveys. 

Visual monitoring must be performed by 

qualified, NMFS-approved PSOs. PSO 

resumes must be provided to NMFS for 

review and approval prior to the start of 

survey activities. 

During survey operations (e.g., any 

day in which use of the sparker source 

is planned to occur, and whenever the 

sparker source is in the water, whether 

activated or not), a minimum of one 

visual PSO must be on duty on each 

source vessel and conducting visual 

observations at all times during daylight 

hours (i.e., from 30 minutes (min) prior 

to sunrise through 30 min following 

sunset). A minimum of two PSOs must 

be on duty on each source vessel during 

nighttime hours. Visual monitoring 

must begin no less than 30 min prior to 

ramp-up (described below) and must 

continue until 1 hour after use of the 

sparker source ceases. 

Visual PSOs shall coordinate to 

ensure 360° visual coverage around the 

vessel from the most appropriate 

observation posts and shall conduct 

visual observations using binoculars 

and the naked eye while free from 

distractions and in a consistent, 

systematic, and diligent manner. PSOs 

shall establish and monitor applicable 

shutdown zones (see below). These 

zones shall be based upon the radial 

distance from the sparker source (rather 

than being based around the vessel 

itself). 

Two shutdown zones are defined, 

depending on the species and context. 

Here, an extended shutdown zone 

encompassing the area at and below the 

sea surface out to a radius of 500 m from 

the sparker source (0–500 m) is defined 

for NARW. For all other marine 

mammals, the shutdown zone 

encompasses a standard distance of 100 

m (0–100 m) during the use of the 

sparker. Any observations of marine 

mammals by crew members aboard any 

vessel associated with the survey shall 

be relayed to the PSO team. 

Visual PSOs may be on watch for a 

maximum of 4 consecutive hours 

followed by a break of at least 1 hour 

between watches and may conduct a 

maximum of 12 hours of observation per 

24-hr period. 

Pre-Start Clearance and Ramp-Up 

Procedures 

A ramp-up procedure, involving a 

gradual increase in source level output, 

is required at all times as part of the 

activation of the sparker sources when 

technically feasible. Operators should 

ramp up sparker to half power for 5 min 

and then proceed to full power. A 30 

min pre-start clearance observation 

period of the shutdown zones must 

occur prior to the start of ramp-up. The 

intent of the pre-start clearance 

observation period (30 min) is to ensure 

no marine mammals are within the 

shutdown zones prior to the beginning 

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

is to warn marine mammals of pending 

operations and to allow sufficient time 

for those animals to leave the immediate 

vicinity. All operators must adhere to 

the following pre-start clearance and 

ramp-up requirements: 

• The operator must notify a 

designated PSO of the planned start of 

ramp-up as agreed upon with the lead 

PSO; the notification time should not be 

less than 60 min prior to the planned 

ramp-up in order to allow the PSOs time 

to monitor the shutdown zones for 30 

min prior to the initiation of ramp-up 

(pre-start clearance). During this 30 min 

pre-start clearance period the entire 

shutdown zone must be visible, except 

as indicated below; 

• Ramp-ups shall be scheduled so as 

to minimize the time spent with the 

source activated; 

• A visual PSO conducting pre-start 

clearance observations must be notified 

again immediately prior to initiating 

ramp-up procedures and the operator 

must receive confirmation from the PSO 

to proceed; 

• Any PSO on duty has the authority 

to delay the start of survey operations if 

a marine mammal is detected within the 

applicable pre-start clearance zone; and 

• The operator must establish and 

maintain clear lines of communication 

directly between PSOs on duty and 

crew controlling the acoustic source to 

ensure that mitigation commands are 

conveyed swiftly while allowing PSOs 

to maintain watch. 

The pre-start clearance requirement is 

waived for small delphinids and 

pinnipeds. Detection of a small 

delphinid (individual belonging to the 

following genera of the Family 

Delphinidae: Steno, Delphinus, 

Lagenorhynchus, Stenella, and 

Tursiops) or pinniped within the 

shutdown zone does not preclude 

beginning of ramp-up, unless the PSO 

confirms the individual to be of a genus 

other than those listed, in which case 

normal pre-clearance requirements 

apply. 

If there is uncertainty regarding 

identification of a marine mammal 

species (i.e., whether the observed 

marine mammal(s) belongs to one of the 

delphinid genera for which the preclearance requirement is waived), PSOs 

may use best professional judgment in 

making the decision to call for a 

shutdown. 

• Ramp-up may not be initiated if any 

marine mammal to which the pre-start 

clearance requirement applies is within 

the shutdown zone. If a marine mammal 

is observed within the shutdown zone 

during the 30 min pre-start clearance 

period, ramp-up may not begin until the 

animal(s) has been observed exiting the 

zones or until an additional time period 

has elapsed with no further sightings 

(30 min for all baleen whale species and 

sperm whales, 15 min for all other 

species). 

• PSOs must monitor the shutdown 

zones 30 min before and during rampup, and ramp-up must cease and the 

source must be shut down upon 

observation of a marine mammal within 

the applicable shutdown zone. 

• Ramp-up may occur at times of 

poor visibility, including nighttime, if 

appropriate visual monitoring has 

occurred with no detections of marine 

mammals in the 30 min prior to 

beginning ramp-up. Sparker activation 

may only occur at night where 

operational planning cannot reasonably 

avoid such circumstances. 

If the acoustic source is shut down for 

brief periods (i.e., <30 min) for reasons 

other than implementation of prescribed 

mitigation (e.g., mechanical difficulty), 

it may be activated again without rampup if PSOs have maintained constant 

visual observation and no detections of 

marine mammals have occurred within 

the applicable shutdown zone. For any 

longer shutdown, pre-start clearance 

observation and ramp-up are required. 

Shutdown Procedures 

All operators must adhere to the 

following shutdown requirements: 

• Any PSO on duty has the authority 

to call for shutdown of the sparker 

source if a marine mammal is detected 

within the applicable shutdown zone; 

• The operator must establish and 

maintain clear lines of communication 

directly between PSOs on duty and 

crew controlling the source to ensure 

that shutdown commands are conveyed 

swiftly while allowing PSOs to maintain 

watch; 

• When the sparker source is active 

and a marine mammal appears within or 

enters the applicable shutdown zone, 

the source must be shut down. When 

shutdown is instructed by a PSO, the 

sparker source must be immediately 

deactivated and any dispute resolved 

only following deactivation; and 

• Two shutdown zones are defined, 

depending on the species and context. 


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An extended shutdown zone 

encompassing the area at and below the 

sea surface out to a radius of 500 m from 

the sparker source (0–500 m) is defined 

for NARW. For all other marine 

mammals, the shutdown zone 

encompasses a standard distance of 100 

m (0–100 m) during the use of the 

sparker. 

The shutdown requirement is waived 

for small delphinids and pinnipeds. If a 

small delphinid (individual belonging 

to the following genera of the Family 

Delphinidae: Steno, Delphinus, 

Lagenorhynchus, Stenella, and 

Tursiops) or pinniped is visually 

detected within the shutdown zone, no 

shutdown is required unless the PSO 

confirms the individual to be of a genus 

other than those listed, in which case a 

shutdown is required. 

If there is uncertainty regarding 

identification of a marine mammal 

species (i.e., whether the observed 

marine mammal(s) belongs to one of the 

delphinid genera for which shutdown is 

waived or one of the species with a 

larger shutdown zone), PSOs may use 

best professional judgment in making 

the decision to call for a shutdown. 

Upon implementation of shutdown, 

the source may be reactivated after the 

marine mammal has been observed 

exiting the applicable shutdown zone or 

following a clearance period (30 min for 

all baleen whale species and sperm 

whales, 15 min for all other species) 

with no further detection of the marine 

mammal. 

If a species for which authorization 

has not been granted, or a species for 

which authorization has been granted 

but the authorized number of takes have 

been met, approaches or is observed 

within the Level B harassment zone 

(158 m), shutdown must occur. 

Vessel Strike Avoidance 

Crew and supply vessel personnel 

must use an appropriate reference guide 

that includes identifying information on 

all marine mammals that may be 

encountered. Vessel operators must 

comply with the below measures except 

under extraordinary circumstances 

when the safety of the vessel or crew is 

in doubt or the safety of life at sea is in 

question. These requirements do not 

apply in any case where compliance 

would create an imminent and serious 

threat to a person or vessel or to the 

extent that a vessel is restricted in its 

ability to maneuver and, because of the 

restriction, cannot comply. 

Vessel operators and crews must 

maintain a vigilant watch for all marine 

mammals and slow down, stop their 

vessel(s), or alter course, as appropriate 

and regardless of vessel size, to avoid 

striking any marine mammals. A single 

marine mammal at the surface may 

indicate the presence of submerged 

animals in the vicinity of the vessel; 

therefore, precautionary measures 

should always be exercised. A visual 

observer aboard the vessel must monitor 

a vessel strike avoidance zone around 

the vessel (species-specific distances are 

detailed below). Visual observers 

monitoring the vessel strike avoidance 

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

PSOs) or crew members, but crew 

members responsible for these duties 

must be provided sufficient training to 

(1) distinguish marine mammal from 

other phenomena and (2) broadly to 

identify a marine mammal as a NARW, 

other whale (defined in this context as 

sperm whales or baleen whales other 

than NARWs), or other marine 

mammals. 

All survey vessels, regardless of size, 

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

h) speed restriction in specific areas 

designated by NMFS for the protection 

of NARWs from vessel strikes. These 

include all SMAs established under 50 

CFR 224.105 (when in effect), any 

DMAs (when in effect), and Slow Zones. 

See www.fisheries.noaa.gov/national/ 

endangered-species-conservation/ 

reducing-ship-strikes-north-atlanticright-whales for specific detail regarding 

these areas. 

• All vessels must reduce speed to 10 

kn (18.52 km/h) or less when mother/ 

calf pairs, pods, or large assemblages of 

cetaceans are observed near a vessel. 

• All vessels must maintain a 

minimum separation distance of 500 m 

from NARWs, baleen whales (except 

humpback and minke), sperm whales, 

and any unidentified large whales. If a 

NARW, baleen whale (except humpback 

and minke), sperm whale, and any 

unidentified large whale is sighted 

within the relevant separation distance, 

the vessel must steer a course away at 

10 kn (18.52 km/h) or less until the 500- 

m separation distance has been 

established. If a whale is observed but 

cannot be confirmed as a species other 

than a NARW, the vessel operator must 

assume that it is a NARW and take 

appropriate action. 

• All vessels must maintain a 

minimum separation distance of 100 m 

from all humpback and minke whales. 

• All vessels must, to the maximum 

extent practicable, attempt to maintain a 

minimum separation distance of 50 m 

from all other marine mammals, with an 

understanding that at times this may not 

be possible (e.g., for animals that 

approach the vessel). 

• When marine mammals are sighted 

while a vessel is underway, the vessel 

must take action as necessary to avoid 

violating the relevant separation 

distance (e.g., attempt to remain parallel 

to the animal’s course, avoid excessive 

speed or abrupt changes in direction 

until the animal has left the area, reduce 

speed and shift the engine to neutral). 

This does not apply to any vessel 

towing gear or any vessel that is 

navigationally constrained. 

• Members of the PSO team will 

consult NMFS NARW reporting system 

and Whale Alert, daily and as able, for 

the presence of NARWs throughout 

survey operations, and for the 

establishment of DMAs and/or Slow 

Zones. It is COSW’s responsibility to 

maintain awareness of the establishment 

and location of any such areas and to 

abide by these requirements 

accordingly. 

Seasonal Operating Requirements 

As described above, a section of the 

survey area partially overlaps with a 

portion of a NARW SMA off the port of 

New York/New Jersey. This SMA is 

active from November 1 through April 

30 of each year. The survey vessel, 

regardless of length, would be required 

to adhere to vessel speed restrictions 

(<10 kn (18.52 km/h)) when operating 

within the SMA during times when the 

SMA is active (see table 4 of the initial 

IHA (88 FR 42322, June 30, 2023). Based 

on our evaluation of the applicant’s 

planned measures, as well as other 

measures considered by NMFS, NMFS 

has determined that the planned 

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 


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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 must be performed 

by qualified, NMFS-approved PSOs. 

COSW must submit PSO resumes for 

NMFS review and approval prior to 

commencement of the survey. Resumes 

should include dates of training and any 

prior NMFS approval, as well as dates 

and description of last experience, and 

must be accompanied by information 

documenting successful completion of 

an acceptable training course. 

For prospective PSOs not previously 

approved, or for PSOs whose approval 

is not current, NMFS must review and 

approve PSO qualifications. Resumes 

should include information related to 

relevant education, experience, and 

training, including dates, duration, 

location, and description of prior PSO 

experience. Resumes must be 

accompanied by relevant 

documentation of successful completion 

of necessary training. 

NMFS may approve PSOs as 

conditional or unconditional. A 

conditionally-approved PSO may be one 

who is trained but has not yet attained 

the requisite experience. An 

unconditionally-approved PSO is one 

who has attained the necessary 

experience. For unconditional approval, 

the PSO must have a minimum of 90 

days at sea performing the role during 

a geophysical survey, with the 

conclusion of the most recent relevant 

experience not more than 18 months 

previous. 

At least one of the visual PSOs aboard 

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

designated as the lead for the entire PSO 

team. This lead should typically be the 

PSO with the most experience, who 

would coordinate duty schedules and 

roles for the PSO team and serve as 

primary point of contact for the vessel 

operator. To the maximum extent 

practicable, the duty schedule shall be 

planned such that unconditionallyapproved PSOs are on duty with 

conditionally-approved PSOs. 

A ‘‘trained lookout’’ may be used on 

a space-limited nearshore vessel 

(generally operating in water less than 

20 m depth for no more than 12 hours/ 

day) during required breaks for the 

approved PSO on duty. Project-specific 

training must be conducted for all vessel 

crew with ‘‘lookout’’ responsibilities 

prior to the start of a survey and during 

any changes in crew such that all 

relevant survey personnel are fully 

aware and understand the mitigation, 

monitoring, and reporting requirements. 

All vessel crew members operating as a 

trained lookout must be briefed in the 

identification of protected species that 

may occur in the survey area and in 

relevant mitigation requirements. 

Reference materials must be available 

aboard all project vessels for 

identification of protected species. 

Should a mitigation action be taken, the 

Trained Lookout will immediately 

notify the off-watch PSO to ensure that 

the appropriate response was taken and 

sightings and mitigation measures are 

properly documented (i.e., if shutdown 

was called for or avoidance measures for 

large whales/vessel strike avoidance 

taken, the Trained Lookout immediately 

notifies the off-watch PSO). If the survey 

is operating within a DMA or Slow 

Zone, the survey may only operate with 

a PSO on-watch. 

At least one PSO aboard each acoustic 

source vessel must have a minimum of 

90 days at-sea experience working in the 

role, with no more than 18 months 

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

experience must be designated as the 

lead for the entire PSO team and serve 

as the primary point of contact for the 

vessel operator. (Note that the 

responsibility of coordinating duty 

schedules and roles may instead be 

assigned to a shore-based, third-party 

monitoring coordinator.) To the 

maximum extent practicable, the lead 

PSO must devise the duty schedule 

such that experienced PSOs are on duty 

with those PSOs with appropriate 

training but who have not yet gained 

relevant experience. 

PSOs must successfully complete 

relevant training, including completion 

of all required coursework and passing 

(80 percent or more) a written and/or 

oral examination developed for the 

training program. 

PSOs must have successfully attained 

a bachelor’s degree from an accredited 

college or university with a major in one 

of the natural sciences, a minimum of 

30 semester hours or equivalent in the 

biological sciences, and at least one 

undergraduate course in math or 

statistics. The educational requirements 

may be waived if the PSO has acquired 

the relevant skills through alternate 

experience. Requests for such a waiver 

shall be submitted to NMFS and must 

include written justification. Alternate 

experience that may be considered 

includes, but is not limited to (1) 

secondary education and/or experience 

comparable to PSO duties; (2) previous 

work experience conducting academic, 

commercial, or government-sponsored 

marine mammal surveys; and (3) 

previous work experience as a PSO 

(PSO must be in good standing and 

demonstrate good performance of PSO 

duties). 

COSW must work with the selected 

third-party PSO provider to ensure 

PSOs have all equipment (including 

backup equipment) needed to 

adequately perform necessary tasks, 

including accurate determination of 

distance and bearing to observed marine 

mammals, and to ensure that PSOs are 

capable of calibrating equipment as 

necessary for accurate distance 

estimates and species identification. 

Such equipment, at a minimum, shall 

include: 

• At least one thermal (infrared) 

imagine device suited for the marine 

environment; 

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

appropriate quality (at least one per 

PSO, plus backups); 

• Global Positioning Units (GPSs) (at 

least one plus backups); 

• Digital cameras with a telephoto 

lens that is at least 300-mm or 

equivalent on a full-frame single lens 

reflex, also known as an SLR (at least 

one plus backups). The camera or lens 

should also have an image stabilization 

system; 

• Equipment necessary for accurate 

measurement of distances to marine 

mammal; 


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• Compasses (at least one plus 

backups); 

• Means of communication among 

vessel crew and PSOs; and 

• Any other tools deemed necessary 

to adequately and effectively perform 

PSO tasks. 

The equipment specified above may 

be provided by an individual PSO, the 

third-party PSO provider, or the 

operator, but COSW is responsible for 

ensuring PSOs have the proper 

equipment required to perform the 

duties specified in the IHA. 

The PSOs will be responsible for 

monitoring the waters surrounding the 

survey vessel to the farthest extent 

permitted by sighting conditions, 

including Shutdown Zones, during all 

HRG survey operations. PSOs will 

visually monitor and identify marine 

mammals, including those approaching 

or entering the established Shutdown 

Zones during survey activities. It will be 

the responsibility of the PSO(s) on duty 

to communicate the presence of marine 

mammals as well as to communicate the 

action(s) that are necessary to ensure 

mitigation and monitoring requirements 

are implemented as appropriate. 

PSOs must be equipped with 

binoculars and have the ability to 

estimate distance and bearing to detect 

marine mammals, particularly in 

proximity to Shutdown Zones. 

Reticulated binoculars must also be 

available to PSOs for use as appropriate 

based on conditions and visibility to 

support the sighting and monitoring of 

marine mammals. During nighttime 

operations, appropriate night-vision 

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

thermal clip-ons and infrared 

technology) would be used. Position 

data would be recorded using hand-held 

or vessel GPS units for each sighting. 

During good conditions (e.g., daylight 

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

to the maximum extent practicable, 

PSOs must also conduct observations 

when the acoustic source is not 

operating for comparison of sighting 

rates and behavior with and without use 

of the active acoustic sources and 

between acquisition periods, to the 

maximum extent practicable. Any 

observations of marine mammals by 

crew members aboard the vessel 

associated with the survey would be 

relayed to the PSO team. Data on all 

PSO observations would be recorded 

based on standard PSO collection 

requirements (see Reporting Measures). 

This would include dates, times, and 

locations of survey operations; dates 

and times of observations, location and 

weather; details of marine mammal 

sightings (e.g., species, numbers, 

behavior); and details of any observed 

marine mammal behavior that occurs 

(e.g., noted behavioral disturbances). 

Members of the PSO team shall consult 

the NMFS NARW reporting system and 

Whale Alert, daily and as able, for the 

presence of NARWs throughout survey 

operations. 

Reporting Measures 

COSW shall submit a draft 

comprehensive report to NMFS on all 

activities and monitoring results within 

90 days of the completion of the survey 

or expiration of the IHA, whichever 

comes sooner. The report must describe 

all activities conducted and sightings of 

marine mammals, must provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring, and must summarize the 

dates and locations of survey operations 

and all marine mammals sightings 

(dates, times, locations, activities, 

associated survey activities). The draft 

report shall also include geo-referenced, 

time-stamped vessel tracklines for all 

time periods during which acoustic 

sources were operating. Tracklines 

should include points recording any 

change in acoustic source status (e.g., 

when the sources began operating, when 

they were turned off, or when they 

changed operational status such as from 

full array to single gun or vice versa). 

GIS files shall be provided in 

Environmental Systems Research 

Institute, Inc. shapefile format and 

include the Coordinated Universal Time 

date and time, latitude in decimal 

degrees, and longitude in decimal 

degrees. All coordinates shall be 

referenced to the WGS84 geographic 

coordinate system. In addition to the 

report, all raw observational data shall 

be made available. The report must 

summarize the information. A final 

report must be submitted within 30 days 

following resolution of any comments 

on the draft report. All draft and final 

marine mammal monitoring reports 

must be submitted to 

PR.ITP.MonitoringReports@noaa.gov, 

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

ITP.hilt@noaa.gov. 

PSOs must use standardized 

electronic data forms to record data. 

PSOs shall record detailed information 

about any implementation of mitigation 

requirements, including the distance of 

marine mammal to the acoustic source 

and description of specific actions that 

ensued, the behavior of the animal(s), 

any observed changes in behavior before 

and after implementation of mitigation, 

and if shutdown was implemented, the 

length of time before any subsequent 

ramp-up of the acoustic source. If 

required mitigation was not 

implemented, PSOs should record a 

description of the circumstances. At a 

minimum, the following information 

must be recorded: 

1. Vessel names (source vessel), vessel 

size and type, maximum speed 

capability of vessel; 

2. Dates of departures and returns to 

port with port name; 

3. PSO names and affiliations; 

4. Date and participants of PSO 

briefings; 

5. Visual monitoring equipment used; 

6. PSO location on vessel and height 

of observation location above water 

surface; 

7. Dates and times (Greenwich Mean 

Time (GMT)) of survey on/off effort and 

times corresponding with PSO on/off 

effort; 

8. Vessel location (decimal degrees) 

when survey effort begins and ends and 

vessel location at beginning and end of 

visual PSO duty shifts; 

9. Vessel location at 30-second 

intervals if obtainable from data 

collection software, otherwise at 

practical regular interval; 

10. Vessel heading and speed at 

beginning and end of visual PSO duty 

shifts and upon any change; 

11. Water depth (if obtainable from 

data collection software); 

12. Environmental conditions while 

on visual survey (at beginning and end 

of PSO shift and whenever conditions 

change significantly), including BSS 

and any other relevant weather 

conditions including cloud cover, fog, 

sun glare, and overall visibility to the 

horizon; 

13. Factors that may contribute to 

impaired observations during each PSO 

shift change or as needed as 

environmental conditions change (e.g., 

vessel traffic, equipment malfunctions); 

14. Survey activity information (and 

changes thereof), such as acoustic 

source power output while in operation, 

number and volume of airguns 

operating in an array, tow depth of an 

acoustic source, and any other notes of 

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

ramp-up, shutdown, testing, shooting, 

ramp-up completion, end of operations, 

streamers, etc.); and 

15. Upon visual observation of any 

marine mammal, the following 

information must be recorded: 

a. Watch status (sighting made by PSO 

on/off effort, opportunistic, crew, 

alternate vessel/platform); 

b. Vessel/survey activity at time of 

sighting (e.g., deploying, recovering, 

testing, shooting, data acquisition, 

other); 

c. PSO who sighted the animal; 

d. Time of sighting; 

e. Initial detection method; 

f. Sightings cue; 


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83668 Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices 

g. Vessel location at time of sighting 

(decimal degrees); 

h. Direction of vessel’s travel 

(compass direction); 

i. Speed of the vessel(s) from which 

the observation was made; 

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

genus/species, lowest possible 

taxonomic level or unidentified); also 

note the composition of the group if 

there is a mix of species; 

k. Species reliability (an indicator of 

confidence in identification); 

l. Estimated distance to the animal 

and method of estimating distance; 

m. Estimated number of animals 

(high/low/best); 

n. Estimated number of animals by 

cohort (adults, yearlings, juveniles, 

calves, group composition, etc.); 

o. Description (as many 

distinguishing features as possible of 

each individual seen, including length, 

shape, color, pattern, scars, or markings, 

shape and size of dorsal fin, shape of 

head, and blow characteristics); 

p. Detailed behavior observations 

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

of surfaces, breaching, spyhopping, 

diving, feeding, traveling; as explicit 

and detailed as possible; note any 

observed changes in behavior before and 

after point of closest approach); 

q. Mitigation actions; description of 

any actions implemented in response to 

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

ramp-up, speed or course alteration, 

etc.) and time and location of the action; 

r. Equipment operating during 

sighting; 

s. Animal’s closest point of approach 

and/or closest distance from the center 

point of the acoustic source; and, 

t. Description of any actions 

implemented in response to the sighting 

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

time and location of the action. 

If a NARW is observed at any time by 

PSOs or personnel on the project vessel, 

during surveys or during vessel transit, 

COSW must report the sighting 

information to the NMFS NARW 

Sighting Advisory System (866–755– 

6622) within 2 hours of occurrence, 

when practicable, or no later than 24 

hours after occurrence. NARW sightings 

in any location may also be reported to 

the U.S. Coast Guard via channel 16 and 

through the Whale Alert app (http://

www.whalealert.org). 

In the event that personnel involved 

in the survey activities discover an 

injured or dead marine mammal, the 

incident must be reported to NMFS as 

soon as feasible by phone (866–755– 

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

PR.ITP.MonitoringReports@noaa.gov). 

The report must include the following 

information: 

1. Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

2. Species identification (if known) or 

description of the animal(s) involved; 

3. Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

4. Observed behaviors of the 

animal(s), if alive; 

5. If available, photographs or video 

footage of the animal(s); and 

6. General circumstances under which 

the animal was discovered. 

In the event of a vessel strike of a 

marine mammal by any vessel involved 

in the activities, COSW must report the 

incident to NMFS by phone (866–755– 

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

PR.ITP.MonitoringReports@noaa.gov) as 

soon as feasible. The report would 

include the following information: 

1. Time, date, and location (latitude/ 

longitude) of the incident; 

2. Species identification (if known) or 

description of the animal(s) involved; 

3. Vessel’s speed during and leading 

up to the incident; 

4. Vessel’s course/heading and what 

operations were being conducted (if 

applicable); 

5. Status of all sound sources in use; 

6. Description of avoidance measures/ 

requirements that were in place at the 

time of the strike and what additional 

measures were taken, if any, to avoid 

strike; 

7. Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, visibility) 

immediately preceding the strike; 

8. Estimated size and length of animal 

that was struck; 

9. Description of the behavior of the 

marine mammal immediately preceding 

and/or following the strike; 

10. If available, description of the 

presence and behavior of any other 

marine mammals immediately 

preceding the strike; 

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

dead, injured but alive, injured and 

moving, blood or tissue observed in the 

water, status unknown, disappeared); 

and 

12. To the extent practicable, 

photographs or video footage of the 

animal(s). 

Determinations 

COSW’s HRG survey activities are a 

subset but otherwise unchanged from 

those analyzed in support of the 2023 

IHA. The effects of the activity, taking 

into consideration the required 

mitigation and related monitoring 

measures, remain unchanged from those 

evaluated in support of the 2023 IHA. 

NMFS expects that all potential takes 

would be short-term Level B harassment 

in the form of temporary avoidance of 

the area or decreased foraging, reactions 

that are considered to be of low severity 

and with no lasting biological 

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

2007). In addition to being temporary, 

the maximum harassment zone around 

a survey vessel is 158 m (rounded up 

from the 157.7 m Level B harassment 

isopleth) from a three sparker array with 

400 tips (either Geo-Source 200–400 or 

Applied Acoustics Dura-Spark UHD). 

Although this distance is assumed for 

all survey activity evaluated here and in 

estimating authorized take numbers, in 

reality, much of the survey activity 

would involve use of acoustic sources 

with a reduced acoustic harassment 

zone producing expected effects of 

particularly low severity. Therefore, the 

ensonified area surrounding each vessel 

is relatively small compared to the 

overall distribution of the animals in the 

area and the available habitat. 

NMFS authorizes incidental take of 

small numbers of marine mammals from 

specified activities that are a subset of, 

but otherwise identical to, those 

analyzed in the initial IHA and to 

require mitigation, monitoring, and 

reporting measures that are also 

identical to those in the initial IHA. The 

number of takes by Level B harassment 

is less than that authorized in the initial 

IHA. In the initial IHA, NMFS 

determined that COSW’s specified 

activities would have a negligible 

impact on the affected species and/or 

stocks and the authorized take for each 

stock would be small relative to 

individual stock abundance (less than 

one third). 

NMFS has concluded that there is no 

new information suggesting that our 

analysis or findings should change from 

those reached for the initial IHA. This 

includes consideration of the estimated 

abundance of one stock increasing 

slightly. Specifically, NMFS is 

authorizing 15 takes of NARW by Level 

B harassment only, and the impacts 

resulting from the project’s activities are 

neither reasonably expected nor 

reasonably likely to adversely affect the 

stock through effects on annual rates of 

recruitment or survival. 15 takes of 

NARW equates to approximately 4.4 

percent of the stock abundance, if each 

incident of take is assumed to accrue to 

a separate individual whale. 

Based on the information and analysis 

contained here and in the referenced 

documents, NMFS has determined the 

following: (1) the required mitigation 


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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices 83669 

measures will effect the least practicable 

impact on marine mammal species or 

stocks and their habitat; (2) the 

authorized takes will have a negligible 

impact on the affected marine mammal 

species or stocks; (3) the authorized 

takes represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) COSW’s activities will 

not have an unmitigable adverse impact 

on taking for subsistence purposes as no 

relevant subsistence uses of marine 

mammals are implicated by this action, 

and; (5) appropriate monitoring and 

reporting requirements are included. 

National Environmental Policy Act 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take authorizations with no anticipated 

serious injury or mortality) of the 

Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS 

determined that the issuance of the 

initial IHA qualified to be categorically 

excluded from further NEPA review. 

NMFS has preliminarily determined 

that the application of this categorical 

exclusion remains appropriate for this 

renewal IHA. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et 

seq.) requires that each Federal agency 

insure that any action it authorizes, 

funds, or carries out is not likely to 

jeopardize the continued existence of 

any endangered or threatened species or 

result in the destruction or adverse 

modification of designated critical 

habitat. To ensure ESA compliance for 

the issuance of IHAs, NMFS consults 

internally whenever we propose to 

authorize take for endangered or 

threatened species. 

NMFS’ Office of Protected Resources 

is proposing to authorize take of four 

species of marine mammals that are 

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

whale, sei whale, and sperm whale) and 

has determined these activities fall 

within the scope of activities analyzed 

in the NMFS Greater Atlantic Regional 

Fisheries Office 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). 

Renewal 

NMFS has issued a renewal IHA to 

COSW for the take of marine mammals 

incidental to conducting marine site 

characterization with HRG surveys off 

the coast of New Jersey and New York 

in the New York Bight from July 1, 

2024, through June 30, 2025. 

Dated: October 10, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–23984 Filed 10–16–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE376] 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of hybrid meeting open 

to the public offering both in-person and 

virtual options for participation. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

hold a four-day meeting to consider 

actions affecting the Gulf of Mexico 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will convene 

Monday, November 4 through 

Thursday, November 7, 2024. Daily 

schedule will be 8:30 a.m.–5 p.m., EST. 

ADDRESSES: The meeting will take place 

at the Hilton St. Petersburg Bayfront 

Hotel, located at 333–1st Street South, 

St. Petersburg, FL 33701. If you prefer 

to ‘‘listen in’’, you may access the login information by visiting our website at 

https://www.gulfcouncil.org. 

Council address: Gulf of Mexico 

Fishery Management Council, 4107 W 

Spruce Street, Suite 200, Tampa, FL 

33607; telephone: (813) 348–1630. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Carrie Simmons, Executive Director, 

Gulf of Mexico Fishery Management 

Council; telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Monday, November 4, 2024; 8:30 a.m.– 

5 p.m., EST 

The meeting will begin in Full 

Council with review and adoption of 

Proposed Council Committee 

Assignments for November 2024 

through August 2025 and Current 

Council Committee Assignments. 

Committee Sessions will follow 

beginning with the Habitat Protection & 

Restoration Committee’s review of the 

Final Essential Fish Habitat Contract 

Report. The Law Enforcement 

Committee will convene to receive a 

report from the October 2024 Law 

Enforcement Technical Committee 

meeting. 

Sustainable Fisheries Committee will 

gather to discuss Research and 

Monitoring Priorities for 2025–2028 

including Scientific and Statistical 

Committees (SSC) Recommendations, 

review and discuss SSC 

Recommendations for the following 

items: Southeast Data, Assessment, and 

Review (SEDAR) Process Changes and 

Assessment Approaches; Consideration 

of Carryover and Phase-in for Gulf 

Stocks in Proposed Acceptable 

Biological Catch (ABC) Control Rule 

Management Strategy Evaluation (MSE) 

Simulations; and receive a presentation 

for Consideration of Wahoo for Federal 

Management. 

Following lunch, the Shrimp 

Committee will review Draft Shrimp 

Framework Action: Modification of the 

Vessel Position Data Collection Program 

for the Gulf of Mexico Shrimp Fishery 

and presentation. 

The Reef Fish Committee will review 

the Reef Fish and Individual Fishing 

Quota (IFQ) Program Landings, and 

State Program Landings for Red 

Snapper. 

Tuesday, November 5, 2024; 8:30 a.m.– 

5:30 p.m., EST 

The Council will receive a Litigation 

update. Following, the Reef Fish 

Committee will reconvene to review and 

discuss Draft Options: Reef Fish 

Amendment 58B: Modifications to 

Deep-water Grouper Management 

Measures, Presentation: Modifications 

to Lane Snapper Minimum Size and 

Recreational Bag Limits and Draft 

Options: Reef Fish Amendment 58A: 

Modifications to Shallow-water Grouper 

Management Measures and receive a 

presentation for Reef Fish Amendment 

60: Individual Fishing Quota 

Distributional Issues. 

The Committee will also review draft 

options for Federal For-hire Fishing 

Season for Red Snapper, receive the 

SSC Summary Report for SEDAR 88 

Stock Assessment for Gulf Red Grouper, 

Recreational Red Snapper Texas 

Calibration Simulation and 

Southeastern U.S. Black Grouper 

Management Strategy. The Committee 

will discuss updated NMFS Bottom 

Longline Index for Gulf Red Snapper 

and Request for an update on the 

Greater Amberjack Count. 


ddrumheller on DSK120RN23PROD with NOTICES1