85156 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 

Individuals requiring special 

accommodations to access the public 

meeting should contact Ms. Betty Lee no 

later than Thursday, October 31, 2024, 

so that appropriate arrangements can be 

made. To the extent that time permits, 

members of the public may present oral 

statements to the Committee. The public 

may submit written statements at any 

time before or after the meeting. 

However, to facilitate distribution of 

materials to the Committee members, 

the Committee suggests that members of 

the public forward their materials prior 

to the meeting to Ms. Springer via email. 

Material submitted by the public will be 

made public and therefore should not 

contain confidential information. 

Meeting materials from the public 

session will be accessible via the 

Technical Advisory Committee (TAC) 

site at https://tac.bis.gov, within 30-days 

after the meeting. The Deputy Assistant 

Secretary for Administration, 

performing the non-exclusive functions 

and duties of the Chief Financial Officer 

and Assistant Secretary for 

Administration, with the concurrence of 

the delegate of the General Counsel, 

formally determined on May 6, 2024, 

pursuant to 5 U.S.C. 1009(d)), that the 

portion of the meeting dealing with predecisional changes to the Commerce 

Control List and the U.S. export control 

policies shall be exempt from the 

provisions relating to public meetings 

found in 5 U.S.C. 1009(a)(1) and 

1009(a)(3). The remaining portions of 

the meeting will be open to the public. 

Meeting cancellation: If the meeting is 

cancelled, a cancellation notice will be 

posted on the TAC website at https://

tac.bis.doc.gov. 

For more information, contact Ms. 

Lee. 

Yvette Springer, 

Committee Liaison Officer. 

[FR Doc. 2024–24779 Filed 10–24–24; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; MBDA 

National Minority Enterprise Awards 

Program Requirements 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on August 26, 

2024, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: Minority Business 

Development Agency (MBDA), 

Commerce. 

Title: MBDA National Minority 

Enterprise Awards Program 

Requirements. 

OMB Control Number: 0640–0025. 

Form Number(s): None. 

Type of Request: Regular; Revision of 

a currently approved collection. 

Number of Respondents: 250. 

Average Hours per Response: 1 hour. 

Burden Hours: 250. 

Needs and Uses: One of MBDA’s 

largest initiatives is the annual National 

Minority Enterprise Development (MED) 

Week Conference. The conference 

recognizes the role that minority 

entrepreneurs play in building the 

American economy through the creation 

of jobs, products and services, in 

addition to supporting their local 

communities. It includes the private, 

non-profit, and government sectors and 

provides a venue to discuss critical 

business issues affecting minority 

business as well as strategies to foster 

the growth and competitiveness of the 

minority business community. The MED 

Week Awards Program is a key element 

in the conference as it celebrates the 

outstanding achievements of minority 

entrepreneurs. MBDA has created 

categories of awards including Minority 

Construction Firm of the Year, Minority 

Manufacturer of the Year, Minority 

Retail or Service Firm of the Year, 

Minority Technology Firm of the Year, 

Minority Supplier Distributor of the 

Year, Media Award, Distinguished 

Supplier Diversity Award, Access to 

Capital Award, the Ronald H. Brown 

Leadership Award, and the Abe Venable 

Award for Lifetime Achievement. 

Nominations for these awards are to be 

opened to the public. MBDA must 

collect two kinds of information: (a) 

Information identifying the nominee 

and nominator and (b) information 

explaining why the nominee should be 

given the award. The information will 

be used to determine those applicants 

best meeting the pre-announced 

selection criteria. Use of a nomination 

form standardizes and limits the 

information collected as part of the 

nomination process. This makes the 

competition fair and eases any burden 

on applicants and reviewers alike. 

Participation in the competition is 

voluntary. The awards are strictly 

honorary. 

Affected Public: Business or other forprofit organizations; not-for-profit 

institutions; State, local, or tribal 

government; Federal government. 

Frequency: Annually. 

Respondent’s Obligation: Voluntary. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0640–0025. 

Sheleen Dumas, 

Departmental PRA Clearance Officer, Office 

of the Under Secretary of Economic Affairs, 

Commerce Department. 

[FR Doc. 2024–24927 Filed 10–24–24; 8:45 am] 

BILLING CODE 3510–21–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE322] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to SouthCoast 

Wind Energy Marine Site 

Characterization Surveys Off the Coast 

of Massachusetts and Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; 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 SouthCoast Wind Energy, LLC 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85157 

(SouthCoast Wind) to incidentally 

harass marine mammals incidental to 

activities associated with marine site 

characterization surveys off of 

Massachusetts and Rhode Island, 

specifically within the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (Lease) Area 

OCS–A 0521 and associated export 

cable route (ECR). 

DATES: This renewal IHA is valid from 

the date of issuance through May 11, 

2025. 

ADDRESSES: Electronic copies of the 

original application, renewal request, 

and supporting documents (including 

the Federal Register notices of the 

original proposed and final 

authorizations, and the previously 

issued and renewal IHAs), 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/ 

incidental-take-authorizations-otherenergy-activities-renewable. In case of 

problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Gatzke, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

promulgated or, if the taking is limited 

to harassment, an incidental harassment 

authorization is issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of 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 May 11, 2023, NMFS issued an 

IHA to SouthCoast Wind to take marine 

mammals incidental to marine site 

characterization off Massachusetts and 

Rhode Island in the New England 

region, specifically within BOEM Lease 

Area OCS–A–0521 and associated ECR 

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

effective from May 12, 2023 through 

May 11, 2024. This 2023 IHA was 

substantially similar to the prior 2021 

IHA associated with identical survey 

activities in the same lease area (86 FR 

27393, May 20, 2021; 86 FR 38033, July 

19, 2021) and, therefore, Federal 

Register notices for the 2023 IHA relied 

heavily upon information originally 

presented in Federal Register notices 

for the 2021 IHA. 

On July 1, 2024, NMFS received an 

application from SouthCoast Wind for 

the renewal of the initial 2023 IHA. As 

described in the application for renewal, 

the activities for which authorization of 

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 

applicant also provided a monitoring 

report (available at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorizationsouthcoast-wind-energy-llcs-marinesite-characterization) 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. The notice 

of the proposed renewal incidental 

harassment authorization was published 

on September 19, 2024 (89 FR 76796). 

There are no changes from the proposed 

authorization to this final authorization. 


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85158 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 

Description of the Specified Activities 

and Anticipated Impacts 

Under the initial IHA, SouthCoast 

Wind planned to conduct marine site 

characterization surveys, including 

high-resolution geophysical (HRG) 

surveys, in waters off Massachusetts and 

Rhode Island, specifically within BOEM 

Lease Area OCS–A 0521 and associated 

ECR areas. SouthCoast Wind’s 2023 

survey plan included a total of 

approximately 2,700 km tracklines. 

However, only 718 km of survey 

tracklines were completed. SouthCoast 

Wind was unable to complete the 

planned surveys associated with the 

2023 IHA prior to its expiration. 

Under the renewal IHA, SouthCoast 

Wind is planning to complete a subset 

of the activities during the remainder of 

October 2024—May 2025, using the 

same survey equipment, methods and 

types of vessels as those previously 

analyzed. The 2024–2025 surveys will 

also be within the same survey area 

described in the applications for the 

2021 and 2023 IHAs. The planned 

survey trackline, the number of active 

sound source days (the number of days 

the vessels will be actively emitting 

sound into the water column), and 

vessel days (number of days that the 

vessels will be present in the area) will 

be reduced in 2024–2025. A total of up 

to 700 km (435 mi) of trackline (500 km 

(311 mi) in the Lease Area (Inter-Array 

Cable surveys) and 200 km (124 mi) in 

the ECC will be surveyed (table 1). On 

average, approximately 50 km (31 mi) 

will be surveyed per day within the 

Lease Area and 15 km (9 mi) per day 

within the ECC, resulting in 10 active 

sound source days in the Lease Area 

and approximately 14 active sound 

source days in the ECC (for a total of 

approximately 24 active sound source 

days in the entire project area). The 

previous IHA application described up 

to four vessels being utilized 

concurrently to conduct the surveys, 

and this would be unchanged under the 

2024–2025 renewal IHA. There are no 

changes to mitigation and monitoring 

requirements from the 2023–2024 IHA 

to this 2024 IHA renewal. The only 

changes under this renewal IHA are that 

fewer trackline kilometers will be 

surveyed, there will be fewer sound 

source days, and fewer vessel days. 

More information can be found in the 

following Federal Register notices (86 

FR 27393, May 20, 2021; 86 FR 38033, 

July 19, 2021; 88 FR 14335, March 8, 

2023; 88 FR 31678, May 18, 2023; 89 FR 

76796, September 19, 2024). 

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

[In Km] 

Location 

IHA 

trackline planned 

2023–2024 

Total trackline 

completed 

2023–2024 

Planned trackline 

2024–2025 

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

Lease Area—Inter-array Cable .......................................................................... 1,950 718 a 500 

aThe length of the planned trackline is reduced from the original scope described for 2023 IHA. 

The potential impacts of SouthCoast 

Wind’s planned activities on marine 

mammals involve potential acoustic 

stressors and are unchanged from the 

impacts described in the Federal 

Register notices for the 2021 IHA (86 FR 

27393, May 20, 2021; 86 FR 38033, July 

19, 2021). Underwater sound, resulting 

from particular components of 

SouthCoast Wind’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 a subset of the work 

that was not completed by the 

expiration date of the initial IHA. The 

renewal IHA authorizes incidental take, 

by Level B harassment only, of 15 

species (comprising 15 stocks) of marine 

mammals for a subset of marine site 

characterization survey activities to be 

completed in less than 1 year (i.e., by 

May 11, 2025), in the same general area, 

using survey methods identical to those 

conducted under the initial IHA. 

Neither SouthCoast Wind nor NMFS 

expects 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 required by the 

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

Detailed Description of the Activity 

A detailed description of the marine 

site characterization survey activities for 

which incidental take is authorized here 

may be found in the Federal Register 

notices for the 2021 IHA (86 FR 27393, 

May 20, 2021; 86 FR 38033, July 19, 

2021). The specific geographic region, 

survey location, specified activities, 

including the types of survey equipment 

and number of survey vessels planned 

for use, are identical to those described 

in these previous notices, with the 

exception that the scale of work is 

reduced. Only a subset of the planned 

HRG work was completed under the 

2023 IHA (88 FR 14335, March 8, 2023; 

88 FR 31678, May 18, 2023). Between 

May 18 and July 10, 2023, a total of 55 

survey days and 718 km (446 mi) of 

tracklines were completed. SouthCoast 

Wind proposes to conduct a subset (700 

km (435 mi)) of the tracklines that were 

not completed prior to the expiration of 

the 2023 IHA (table 1). 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the Federal Register notices of 

the proposed IHAs for the previous 

authorizations (86 FR 27393, May 20, 

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

Since the publication of the final 

Federal Register notice (88 FR 31678, 

May 18, 2023), NMFS has reviewed the 

monitoring data from the prior IHA, the 

draft 2023 Stock Assessment Report 

(SAR), which included updates to 

certain stock abundances since the 2023 

IHA was issued, information on relevant 

Unusual Mortality Events (UME), and 

other scientific literature. 

The draft 2023 SAR updated the 

population estimate (Nbest) of North 

Atlantic right whales (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, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85159 

estimates of 27.2 total mortality and 

17.6 fishery mortality account for 

undetected mortality and serious injury 

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

October 2023, NMFS released a 

technical report identifying that the 

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). 

The draft 2023 SARs include updates 

for additional marine mammal species 

and stocks (i.e., NARW, fin whale, sei 

whale, minke whale, sperm whale, 

Atlantic spotted dolphin, Atlantic 

white-sided dolphin, bottlenose dolphin 

(Western North Atlantic—Offshore 

stock), common dolphin, long-finned 

pilot whales, Risso’s dolphin, harbor 

porpoise, and gray seal), which are 

described in table 2 of the Federal 

Register notice proposing this renewal 

IHA (89 FR 76796, September 19, 2024). 

For species for which there has been no 

change between the finalization of the 

final 2022 SARs to the release of the 

draft 2023 SARs, NMFS has noted that 

below. 

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 Federal Register 

notices for the 2021 IHA (86 FR 11930, 

March 1, 2021; 86 FR 27393, May 20, 

2021; 86 FR 38033, July 19, 2021) and 

are incorporated by reference in the 

2023 IHA (88 FR 14335, March 8, 2023; 

88 FR 31678, May 18, 2023). NMFS has 

reviewed the monitoring data from the 

initial 2023 IHA, recent draft SARs, 

information on relevant UMEs, other 

scientific literature, and public 

comments, 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 is found in the 

Federal Register notices for the 2021 

IHA (86 FR 11930, March 1, 2021; 86 FR 

27393, May 20, 2021; 86 FR 38033, July 

19, 2021), and is incorporated by 

reference in both the proposed 2023 

IHA (the initial authorization) (88 FR 

14335, March 8, 2023), and the 

proposed renewal IHA (89 FR 76796, 

September 19, 2024). The applicable 

source levels and marine mammal 

density/occurrence data used to 

estimate take remain unchanged from 

those used in support of the initial IHA. 

Similarly, the stocks taken, methods of 

take, and types of take remain 

unchanged from the initial IHA. The 

number of takes authorized in this 

renewal IHA are a subset of the initial 

authorized takes that better represent 

the amount of activity that SouthCoast 

Wind has left to complete. These 

estimated takes, which reflect the 

remaining survey days, are indicated 

below in table 2. 

TABLE 2—NUMBER OF AUTHORIZED TAKES, BY LEVEL B HARASSMENT, AND PERCENTAGES OF EACH STOCK ABUNDANCE

FOR THE 2024–2025 SURVEY PERIOD

Species NMFS stock 

abundance 

Combined 

density based 

calculated takes 

Authorized 

takes 

Percentage 

of stock 

abundance 

NARW .............................................................................................................. 340 1.2 a 2 0.59 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

bTake increased to equal the estimate of potential take based on previous Protected Species Observer (PSO) data (86 FR 38033, July 19, 

2021; 88 FR 31678, May 18, 2023). cAverage group size for fin whales is assumed here as two. However, we increase the authorized take number to three to equal the number of 

whales reported observed within the estimated harassment zone by SouthCoast during 2023–2024 survey effort. 

Description of Mitigation, Monitoring 

and Reporting Measures 

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 (88 FR 31678, 

May 18, 2023), and the discussion of the 

least practicable adverse impact 

included in that document remains 

accurate. The following identical 

measures are included in this renewal: 

• Ramp-up: A ramp-up procedure 

would be used for geophysical survey 

equipment capable of adjusting energy 

levels (i.e., any acoustic source with a 

non-binary switch) at the start or re-start 

of survey activities; 

• PSOs: A minimum of one NMFSapproved PSO must be on duty and 

conducting visual observations at all 

times during daylight hours (i.e., from 

30 minutes prior to sunrise through 30 

minutes following sunset). Two PSOs 

would be on duty during nighttime 

operations; 

• Pre-Operation Clearance Protocols: 

Prior to initiating HRG survey activities, 

SouthCoast Wind would be required to 

implement a 30-minute pre-operation 

clearance period. If any marine 

mammals are detected within the 

shutdown zones prior to or during 

ramp-up, the HRG equipment would be 

shut down (as described below); 

• Shutdown Zones: If an HRG source 

is active and a marine mammal is 


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observed within or entering a relevant 

shutdown zone, an immediate 

shutdown of the HRG survey equipment 

would be required. We note that this 

shutdown requirement would be waived 

for certain genera of small delphinids 

(i.e., Delphinus, Lagenorhynchus, 

Stenella, or Tursiops) and pinnipeds; 

• Vessel Strike Avoidance Measures: 

500 m (1, 640 feet (ft)) separation 

distances for NARWs and other large 

Endangered Species Act (ESA) listed 

whales (i.e., fin whale, sei whale, and 

sperm whale), 100 m (328 ft) for other 

non-ESA listed baleen whales (i.e., 

minke whale and humpback whale), 

and 50 m (164 ft) for all other marine 

mammals); as well as restricted vessel 

speeds and operational maneuvers; and 

• Reporting: SouthCoast Wind would 

submit a marine mammal report within 

90 days following their completion of 

the surveys. 

Comments and Responses 

A notice of NMFS’ proposal to issue 

a renewal IHA to SouthCoast Wind was 

published in the Federal Register on 

September 19, 2024 (89 FR 76796). That 

notice either described, or referenced 

descriptions of, SouthCoast Wind’s 

activity, the marine mammal species 

that may be affected by the activity, the 

anticipated effects on marine mammals 

and their habitat, estimated amount and 

manner of take, and proposed 

mitigation, monitoring and reporting 

measures. During the 15-day public 

comment period, NMFS received one 

comment letter from an environmental 

non-governmental organization, Oceana, 

Inc. The comments, and NMFS’ 

responses, are summarized below, and 

the letter is available online on NMFS’ 

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

permit/incidental-take-authorizationsunder-marine-mammal-protection-act. 

Please review the comment letter found 

on NMFS’ website for full details 

regarding the comments and associated 

rationale. 

Comment 1: Oceana raised objections 

to NMFS’ proposed renewal process for 

potential extension of the 1-year IHA 

with an abbreviated 15-day public 

comment period. Oceana recommended 

that an additional 30-day public 

comment period is necessary for any 

IHA renewal request. 

Response: NMFS’ IHA renewal 

process meets all statutory 

requirements. In prior responses to 

comments about IHA renewals (e.g., 84 

FR 52464, October 2, 2019; 85 FR 53342, 

August 28, 2020), NMFS explained the 

IHA renewal process is consistent with 

the statutory requirements contained in 

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

further promotes NMFS’ goals of 

improving conservation of marine 

mammals and increasing efficiency in 

the MMPA compliance process. 

Therefore, we intend to continue to 

implement the existing renewal process. 

All IHAs issued, whether an initial 

IHA or a renewal, are valid for a period 

of not more than 1 year. The public has 

30 days to comment on proposed IHAs, 

with a cumulative total of 45 days for 

IHA renewals. The notice of the 

proposed IHA published in the Federal 

Register on March 8, 2023 (88 FR 

14335) provided a 30-day public 

comment period and made clear that 

NMFS was seeking comment on the 

proposed IHA and the potential 

issuance of a renewal IHA. As detailed 

in the Federal Register notice for the 

proposed IHA and on the agency’s 

website, eligibility for renewal is 

determined on a case-by-case basis, 

renewals are subject to an additional 15- 

day public comment period, and the 

renewal is limited to up to another year 

of identical or nearly identical activities 

as described in the Description of 

Proposed Activities section of the 

proposed IHA notice or the activities 

described in the Description of 

Proposed Activities section of the 

proposed IHA notice would not be 

completed by the time the IHA expires 

and a renewal would allow for 

completion of the activities beyond that 

described in the Dates and Duration 

section of the proposed notice. NMFS’ 

analysis of the anticipated impacts on 

marine mammals caused by the 

applicant’s activities covers both the 

initial IHA period and the possibility of 

a 1-year renewal. Therefore, a member 

of the public considering commenting 

on a proposed initial IHA also knows 

exactly what activities (or subset of 

activities) would be included in a 

proposed renewal IHA, the potential 

impacts of those activities, the 

maximum amount and type of take that 

could be caused by those activities, the 

mitigation and monitoring measures 

that would be required, and the basis for 

the agency’s negligible impact 

determinations, least practicable 

adverse impact findings, small numbers 

findings, and (if applicable) the no 

unmitigable adverse impact on 

subsistence use finding—all the 

information needed to provide complete 

and meaningful comments on a possible 

renewal at the time of considering the 

proposed initial IHA. Members of the 

public have the information needed to 

meaningfully comment on both the 

immediate proposed IHA and a possible 

1-year renewal, should the IHA holder 

choose to request one. 

Renewal requests must include 

documentation that NMFS uses to verify 

eligibility for renewal, i.e., that the 

activities are identical or nearly 

identical to those in the initial IHA such 

that the changes would have either no 

effect on impacts to marine mammals or 

decrease those impacts, or are a subset 

of activities already analyzed and 

authorized but not completed under the 

initial IHA. NMFS also confirms, among 

other things, that the activities would 

occur in the same location; involve the 

same species and stocks; provide for 

continuation of the same mitigation, 

monitoring, and reporting requirements; 

and that no new information has been 

received that would alter the prior 

analysis. The renewal request must also 

contain preliminary monitoring data, in 

order to verify that effects from the 

activities do not indicate impacts of a 

scale or nature not previously analyzed. 

The additional 15-day public comment 

period, which includes NMFS’ direct 

notice to anyone who commented on 

the proposed initial IHA, provides the 

public an opportunity to review these 

documents, provide any additional 

pertinent information, and comment on 

whether NMFS’ criteria for renewal 

have been met. Combined together, the 

30-day public comment period on the 

initial IHA and the additional 15-day 

public comment period on the renewal 

of the same or nearly identical activities, 

provides the public with a total of 45 

days to comment on the potential for 

renewal of the IHA. 

In addition to the IHA renewal 

process being consistent with all 

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

it is also consistent with Congress’ 

intent for issuance of IHAs to the extent 

reflected in statements in the legislative 

history of the MMPA. Through the 

description of the process and express 

invitation to comment on specific 

potential renewals in the Request for 

Public Comments section of each 

proposed IHA, the description of the 

process on NMFS’ website, further 

clarification of the process through 

responses to comments such as these, 

posting of documents on the agency’s 

website, and provision of 30 or 45 

(cumulative) days for public review and 

comment on all proposed initial IHAs 

and renewals respectively, NMFS has 

ensured that the public is ‘‘invited and 

encouraged to participate fully in the 

agency’s decision-making process,’’ as 

Congress intended. 

Comment 2: Oceana stated that NMFS 

must rely upon the best available 

science, and suggested that NMFS has 

not done so, specifically referencing 

information regarding the NARW such 

as updated population estimates, habitat 

usage in the survey area, and seasonality 

information. Oceana specifically 


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asserted that NMFS is not using the best 

available scientific evidence with 

regards to the NARW population 

estimate. Specifically, for population 

estimates, Oceana suggests the NARW 

Consortium’s Annual Report Card 

(Report Card) is the best available 

science. 

Response: NMFS agrees the best 

available scientific evidence should be 

used for assessing NARW abundance 

estimates. As detailed in the Federal 

Register notice for the proposed renewal 

IHA, NMFS reviewed and relied on the 

draft 2023 SAR (89 FR 76796, Sept. 19, 

2024). However, we note that whether 

the SAR value of 340 or the updated 

value of 356 (see below) is used does 

not affect the necessary determinations 

related to NARW and use of the lower 

SAR value is conservative. The draft 

2023 SAR updated the population 

estimate (Nbest) of North Atlantic right 

whales from 338 to 340 and annual 

mortality and serious injury from 31.2 to 

27.2. The updated population estimate 

in the draft 2023 SAR is based upon 

sighting history through December 2021 

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

annual average observed North Atlantic 

right whale mortality during the 2017– 

2021 period was 7.1 animals and annual 

average observed fishery mortality was 

4.6 animals, however, estimates of 27.2 

total mortality and 17.6 fishery 

mortality account for undetected 

mortality and serious injury (89 FR 

5495, January 29, 2024). In October 

2023, NMFS released a technical report 

identifying that the North Atlantic right 

whale population size based on sighting 

history through 2022 was 356 whales, 

with a 95 percent credible interval 

ranging from 346 to 363 (Linden, 2023). 

The North Atlantic Right Whale 

Consortium 2023 Report Card is 

available (https://www.narwc.org/ 

report-cards.html), and presents the 

same population estimate as the NMFS 

2023 technical report (Linden 2023). We 

note that this difference in abundance 

estimate does not change the estimated 

take of NARWs or authorized take 

numbers, nor does it meaningfully 

influence the required findings under 

the MMPA for the issuance of an IHA 

to SouthCoast Wind for the proposed 

survey activities. 

In sum, NMFS considered the best 

available scientific evidence regarding 

both recent habitat usage patterns for 

the study area and up-to-date 

seasonality information in the notice of 

the proposed IHA, including 

consideration of existing biologically 

important areas (BIAs) and densities 

provided by Roberts et al. (2024). While 

the commenter has suggested that 

NMFS consider best available scientific 

evidence for recent habitat usage 

patterns and seasonality, the commenter 

has not offered any additional scientific 

information that it suggests should be 

considered best available scientific 

evidence. 

Comment 3: Oceana noted that 

chronic stressors are an emerging 

concern for NARW conservation and 

recovery, and stated that chronic stress 

may result in energetic effects for 

NARWs. Oceana suggested that NMFS 

has not fully considered both the use of 

the area and the effects of both acute 

and chronic stressors on the health and 

fitness of NARWs, as disturbance 

responses in NARWs could lead to 

chronic stress or habitat displacement, 

leading to an overall decline in their 

health and fitness. 

Response: NMFS agrees with Oceana 

that both acute and chronic stressors are 

of concern for NARW conservation and 

recovery. We recognize that acute stress 

from acoustic exposure is one potential 

impact of these surveys, and that 

chronic stress can have fitness, 

reproductive, etc. impacts at the 

population-level scale. NMFS has 

carefully reviewed the best available 

scientific information in assessing 

impacts to marine mammals, and 

recognizes that the surveys have the 

potential to impact marine mammals 

through behavioral effects and stress 

responses. However, NMFS does not 

expect that the generally short-term, 

intermittent, and transitory marine site 

characterization survey activities 

planned by SouthCoast Wind will create 

conditions of acute or chronic acoustic 

exposure leading to long-term 

physiological stress responses in marine 

mammals. NMFS has prescribed a 

robust suite of mitigation measures, 

including extended distance shutdowns 

for NARW, that are expected to further 

reduce the duration and intensity of 

acoustic exposure, while limiting the 

potential severity of any possible 

behavioral disruption. The potential for 

chronic stress was evaluated in making 

the determinations presented in NMFS’ 

negligible impact analyses. 

SouthCoast Wind’s survey area is near 

a known NARW foraging location in the 

New England region, as well as 

overlapping a small fraction of the 

migratory corridor used by NARW in a 

transitory manner for annual migratory 

activities. Given that the potential 

impacts for these types of surveys are 

expected to be low level, in part as a 

result of the brief periods where 

harassment-level noise exposure may be 

possible, we do not expect chronic 

effects to occur as a result of SouthCoast 

Wind’s surveys. Furthermore, the 

limited range to the estimated 

harassment zone of the largest acoustic 

source (141 m (463 ft)) and the survey 

path within and near the SouthCoast 

Wind lease means that the area where 

NARWs are known to concentrate 

within Nantucket Shoals would not be 

impacted. Because of this, we do not 

expect effects to include reduced 

foraging opportunities for NARWs. 

NMFS does not expect acute or 

cumulative stress to be a detrimental 

factor to NARWs from SouthCoast 

Wind’s described survey activities. 

Lastly, NMFS does not find that the 

effects of SouthCoast Wind’s survey 

may contribute to stunted growth rates 

as suggested by Oceana’s comments. 

The activities associated with 

SouthCoast Wind’s survey are outside 

the scope of activities described in the 

Stewart et al. (2021) paper, which finds 

that entanglements in fishing gear are 

associated with shorter whales. There is 

no evidence suggesting that the survey 

activities considered herein could have 

energetic effects similar to those caused 

by entanglement in fishing gear. 

Therefore, NMFS does not expect 

stunted growth rates to result from 

SouthCoast Wind’s described survey 

activities. 

Comment 4: Oceana asserted that 

NMFS must fully consider the discrete 

effects of each activity and the 

cumulative effects of the suite of 

approved, proposed and potential 

activities on marine mammals and 

NARWs in particular and ensure that 

the cumulative effects are not excessive 

before issuing or renewing an IHA. 

Response: Neither the MMPA nor 

NMFS’ codified implementing 

regulations call for consideration of 

other unrelated activities and their 

impacts on populations. The preamble 

for NMFS’ implementing regulations (54 

FR 40338, September 29, 1989) states in 

response to comments that the impacts 

from other past and ongoing 

anthropogenic activities are to be 

incorporated into the negligible impact 

analysis via their impacts on the 

baseline. Consistent with that direction, 

NMFS has factored into its negligible 

impact analysis the impacts of other 

past and ongoing anthropogenic 

activities via their impacts on the 

baseline, e.g., as reflected in the density/ 

distribution and status of the species, 

population size and growth rate, and 

other relevant stressors. The 1989 final 

rule for the MMPA implementing 

regulations also addressed public 

comments regarding cumulative effects 

from future, unrelated activities. There 

NMFS stated that such effects are not 

considered in making findings under 

section 101(a)(5) concerning negligible 

impact. In this case, this IHA, as well as 


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other IHAs currently in effect or 

proposed within the specified 

geographic region, are appropriately 

considered an unrelated activity relative 

to the others. The IHAs are unrelated in 

the sense that they are discrete actions 

under section 101(a)(5)(D), issued to 

discrete applicants. 

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

requires NMFS to make a determination 

that the take incidental to a ‘‘specified 

activity’’ will have a negligible impact 

on the affected species or stocks of 

marine mammals. NMFS’ implementing 

regulations require applicants to include 

in their request a detailed description of 

the specified activity or class of 

activities that can be expected to result 

in incidental taking of marine mammals 

(50 CFR 216.104(a)(1)). Thus, the 

‘‘specified activity’’ for which incidental 

take coverage is being sought under 

section 101(a)(5)(D) is generally defined 

and described by the applicant. Here, 

SouthCoast Wind was the applicant for 

the IHA, and we are responding to the 

specified activity as described in that 

application (and making the necessary 

findings on that basis). 

Through the response to public 

comments in the 1989 implementing 

regulations (54 FR 40338, September 29, 

1989), NMFS also indicated (1) that we 

would consider cumulative effects that 

are reasonably foreseeable when 

preparing a National Environmental 

Protection Act (NEPA) analysis, and (2) 

that reasonably foreseeable cumulative 

effects would also be considered under 

section 7 of the ESA for listed species, 

as appropriate. Accordingly, NMFS has 

written Environmental Assessments 

(EA) that addressed cumulative impacts 

related to substantially similar 

activities, in similar locations, e.g., the 

2019 Avangrid EA for survey activities 

offshore North Carolina and Virginia; 

the 2017 Ocean Wind, LLC EA for site 

characterization surveys off New Jersey; 

and the 2018 Deepwater Wind EA for 

survey activities offshore Delaware, 

Massachusetts, and Rhode Island. 

Cumulative impacts regarding issuance 

of IHAs for site characterization survey 

activities, such as those planned by 

SouthCoast Wind, have been adequately 

addressed under NEPA in prior 

environmental analyses that support 

NMFS’ determination that this action is 

appropriately categorically excluded 

from further NEPA analysis. NMFS 

independently evaluated the use of a 

categorical exclusion (CE) for issuance 

of SouthCoast Wind’s IHA, which 

included consideration of extraordinary 

circumstances. 

Separately, 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 has engaged in 

formal intra-agency consultation, such 

as the 2013 programmatic Biological 

Opinion for BOEM Lease and Site 

Assessment Activities on the Atlantic 

Outer Continental Shelf in 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 SouthCoast Wind under this 

current IHA request. This Biological 

Opinion determined that NMFS’ 

issuance of IHAs for site 

characterization survey activities 

associated with leasing, individually 

and cumulatively, are not likely to 

adversely affect listed marine mammals. 

NMFS notes that, while issuance of this 

IHA is covered under a different 

consultation, this Biological Opinion 

remains valid. Additionally, to date, 

Biological Opinions have been 

developed and completed for several 

ongoing offshore wind construction 

projects, which all include ongoing HRG 

survey effort similar to that considered 

here (see the final Biological Opinions 

for Ocean Wind 1 (https://

repository.library.noaa.gov/view/noaa/ 

49689), Revolution Wind’s original 

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

view/noaa/51759) and reinitiated 

(https://www.fisheries.noaa.gov/s3/ 

2024-05/2024-Rev-Wind-BiOp-508.pdf), 

CVOW–C (https://

repository.library.noaa.gov/view/noaa/ 

55495), Empire Wind (https://

repository.library.noaa.gov/view/noaa/ 

55324), Sunrise Wind (https://

repository.library.noaa.gov/view/noaa/ 

55726), New England Wind (https://

repository.library.noaa.gov/view/noaa/ 

60610), and Maryland Wind (https://

repository.library.noaa.gov/view/noaa/ 

61632)). These Biological Opinions for 

larger-scale construction and 

development projects have all assessed 

the cumulative activities occurring 

within the relevant project areas, which 

include HRG activities occurring under 

IHAs, as well as HRG surveys and other 

construction activities occurring under 

Incidental Take Regulations and 

associated issued Letters of 

Authorization. In all cases, the HRG 

surveys analyzed within these 

Biological Opinions are of substantially 

similar activities, using the same or 

similar acoustic sources as those 

planned for use by SouthCoast Wind 

under this renewal IHA. Based on this 

information, NMFS believes the discrete 

and cumulative effects have been 

adequately analyzed and considered 

under these existing documents. 

Comment 5: Oceana states that NMFS 

must make an assessment of which 

activities, technologies, and strategies 

are truly necessary to achieve site 

characterization to inform development 

of the offshore wind projects and which 

are not critical, asserting that NMFS 

should prescribe the appropriate survey 

techniques. In general, Oceana stated 

that NMFS must require that all IHA 

applicants minimize the impacts of 

underwater noise to the fullest extent 

feasible, including through the use of 

best available technology and methods 

to minimize sound levels from 

geophysical surveys such as through the 

use of technically and commercially 

feasible and effective noise reduction 

and attenuation measures. 

Response: The MMPA requires that an 

IHA include measures that will effect 

the least practicable adverse impact on 

the affected species and stocks and, in 

practice, NMFS agrees that the IHA 

should include conditions for the 

survey activities that will first avoid 

adverse effects on NARWs in and 

around the survey site, where 

practicable, and then minimize the 

effects that cannot be avoided. NMFS 

has determined that the IHA meets this 

requirement to effect the least 

practicable adverse impact. As part of 

the analysis for all marine site 

characterization survey IHAs, NMFS 

evaluated the effects expected as a result 

of the specified activity, made the 

necessary findings, and prescribed 

mitigation requirements sufficient to 

achieve the least practicable adverse 

impact on the affected species and 

stocks of marine mammals. It is not 

within NMFS’ purview to set the 

activities, technologies, and strategies 

that one may employ to meet their 

survey objectives. 

Comment 6: Oceana states that 

SouthCoast Wind’s activities will 

increase vessel traffic in and around the 

project area and that the IHA must 

include a vessel traffic plan to minimize 

the effects of increased vessel traffic. 

Response: NMFS disagrees with 

Oceana’s statement that the IHA must 

require a vessel traffic plan. During HRG 

surveys, there are no service vessels 

required. NMFS agrees that a vessel 

plan may be potentially appropriate for 

project construction, but it is not needed 

for marine site characterization surveys. 

A vessel traffic plan is not required 

because 24 total days of SouthCoast 

Wind HRG surveys are not expected to 

increase vessel traffic in the project area 

substantially in comparison to existing 


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vessel traffic. Vessel strike avoidance 

measures are required under the 

renewal IHA, and explained in detail in 

the response to comment number eight. 

Comment 7: Oceana suggests that 

PSOs complement their survey efforts 

using additional technologies, such as 

infrared detection devices when in lowlight conditions. 

Response: NMFS agrees with Oceana 

regarding this suggestion and a 

requirement to utilize a thermal 

(infrared) device during low-light 

conditions was included in section 

5(d)(i) of the proposed renewal’s draft 

IHA. That requirement is included in 

the renewal IHA. 

Comment 8: Oceana recommended 

that NMFS restrict all vessels of all sizes 

associated with the proposed survey 

activities to speeds less than 10 knots 

(kn) (18.5 kilometer/hour (km/hour))) at 

all times due to the risk of vessel strikes 

to NARWs and other large whales. 

Response: While NMFS acknowledges 

that vessel strikes can result in injury or 

mortality, we have analyzed the 

potential for vessel strike resulting from 

SouthCoast Wind’s activity and have 

determined that based on the nature of 

the activity and the required mitigation 

measures specific to vessel strike 

avoidance included in the IHA, 

potential for vessel strike is so low as to 

be discountable. The required 

mitigation measures, all of which were 

included in the proposed IHA and are 

now required in the final IHA, include: 

A requirement that all vessel operators 

comply with 10 kn (18.5 km/hour) or 

less speed restrictions in any seasonal 

management area (SMA), dynamic 

management area (DMA), or Slow Zone 

while underway, and check daily for 

information regarding the establishment 

of mandatory or voluntary vessel strike 

avoidance areas (SMAs, DMAs, Slow 

Zones) and information regarding 

NARW sighting locations; a requirement 

that all vessels greater than or equal to 

19.8 m (65 ft) in overall length operating 

from November 1 through April 30 

operate at speeds of 10 kn (18.5 km/ 

hour) or less; a requirement that all 

vessel operators reduce vessel speed to 

10 kn (18.5 km/hour) or less when any 

large whale, any mother/calf pairs, 

pods, or large assemblages of nondelphinid cetaceans are observed near 

the vessel; a requirement that all survey 

vessels maintain a separation distance 

of 500 m (1,640 ft or greater from 

NARWs (100 m (328 ft) from any ESAlisted whales) or other unidentified 

large marine mammals visible at the 

surface while underway; a requirement 

that, if underway, vessels must steer a 

course away from any sighted ESAlisted whale at 10 kn (18.5 km/hour) or 

less until the 100 m (328 ft) minimum 

separation distance (or 500 m (1,640 ft) 

distance for NARWs) has been 

established; a requirement that, if an 

ESA-listed whale is sighted in a vessel’s 

path, or within 100 m (328 ft) of an 

underway vessel (500 m (1,640 ft) for a 

NARW), the underway vessel must 

reduce speed and shift the engine to 

neutral; and, a requirement that all 

vessels underway must maintain a 

minimum separation distance of 100 m 

(328 ft) from all other marine mammals 

(excluding NARWs), with an 

understanding that at times this may not 

be possible (e.g., for animals that 

approach the vessel). We have 

determined that the vessel strike 

avoidance measures in the IHA are 

sufficient to ensure the least practicable 

adverse impact on species or stocks and 

their habitat. Furthermore, no 

documented vessel strikes have 

occurred for any marine site 

characterization surveys which were 

issued IHAs from NMFS during the 

survey activities themselves or while 

transiting to and from survey sites. 

Comment 9: Oceana suggests that 

NMFS require vessels maintain a 

separation distance of at least 500 m 

(1,640 ft) from NARWs at all times. 

Response: NMFS agrees with Oceana 

regarding this suggestion and a 

requirement to maintain a separation 

distance of at least 500 m (1,640 ft) from 

NARWs at all times was included in the 

proposed renewal’s Federal Register 

notice and was included as a 

requirement in the issued renewal IHA. 

This separation requirement was also a 

measure in the initial 2023 IHA. 

Comment 10: Oceana recommended 

that the IHA should require all vessels 

supporting site characterization to be 

equipped with and use Class A 

Automatic Identification System (AIS) 

devices at all times while on the water. 

Oceana suggested this requirement 

should apply to all vessels, regardless of 

size, associated with the survey. 

Response: NMFS is generally 

supportive of the idea that vessels 

involved with survey activities be 

equipped with and use Class A AIS 

devices at all times while on the water. 

Indeed, there is a precedent for NMFS 

requiring such a stipulation for 

geophysical surveys in the Atlantic 

Ocean (83 FR 63268, December 7, 2018); 

however, these seismic surveys carried 

the potential for much more significant 

impacts than the marine site 

characterization surveys planned by 

SouthCoast Wind. Given the 

comparatively small footprint of 

potential effects and correspondingly 

low level of concern regarding HRG 

survey activities, NMFS has determined 

that the operational costs associated 

with a requirement to equip vessels, 

who would otherwise not be required to 

carry AIS, are not warranted under the 

MMPA’s least practicable adverse 

impact standard. 

Comment 11: Oceana asserts that the 

IHA must include requirements to hold 

all vessels associated with site 

characterization surveys accountable to 

the IHA requirements, including vessels 

owned by the developer, contractors, 

employees, and others regardless of 

ownership, operator, and contract. They 

state that exceptions and exemptions 

will create enforcement uncertainty and 

incentives to evade regulations through 

reclassification and redesignation. They 

recommend that NMFS simplify this by 

requiring all vessels to abide by the 

same requirements, regardless of size, 

ownership, function, contract, or other 

specifics. 

Response: NMFS agrees with Oceana 

and the proposed IHA and final IHA has 

general conditions to hold SouthCoast 

Wind and its designees (including 

vessel operators and other personnel) 

accountable while performing 

operations under the authority of the 

IHA. The plain language of the renewal 

IHA indicates that the conditions 

contained therein apply to SouthCoast 

Wind and its designees. The renewal 

IHA requires that a copy of the IHA 

must be in the possession of SouthCoast 

Wind, the vessel operators, the lead 

PSO, and any other relevant designees 

of SouthCoast Wind operating under the 

authority of this IHA. The renewal IHA 

also states that SouthCoast Wind must 

ensure that the vessel operator and other 

relevant vessel personnel, including the 

PSO team, are briefed on all 

responsibilities, communication 

procedures, marine mammal monitoring 

protocols, operational procedures, and 

IHA requirements prior to the start of 

survey activity, and when relevant new 

personnel join the survey operations. 

Comment 12: Oceana stated that the 

renewal IHA must include a 

requirement for all phases of the site 

characterization to subscribe to the 

highest level of transparency, including 

frequent reporting to Federal agencies. 

Oceana recommends requirements to 

report all visual and acoustic detections 

of NARWs and any dead, injured, or 

entangled marine mammals to NMFS or 

the Coast Guard as soon as possible and 

no later than the end of the PSO shift. 

Oceana states that to foster stakeholder 

relationships and allow public 

engagement and oversight of the 

permitting, the renewal IHA should 

require all reports and data to be 

accessible on a publicly available 

website. 


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Response: NMFS agrees with the need 

for reporting and, indeed, the MMPA 

calls for IHAs to incorporate reporting 

requirements. As included in the 

proposed IHA, the final IHA includes 

requirements for reporting that supports 

Oceana’s recommendations. SouthCoast 

Wind is required to submit a monitoring 

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. PSO datasheets or 

raw sightings data must also be 

provided with the draft and final 

monitoring report. 

Further, the draft IHA and final IHA 

stipulate that if a NARW is observed at 

any time by any survey vessels, during 

surveys or during vessel transit, 

SouthCoast Wind must immediately 

report sighting information to the NMFS 

NARW Sighting Advisory System 

within 2 hours of occurrence, when 

practicable, or no later than 24 hours 

after occurrence. SouthCoast Wind may 

also report the sighting to the U.S. Coast 

Guard. Additionally, SouthCoast Wind 

must report any discoveries of injured 

or dead marine mammals to the Office 

of Protected Resources, NMFS, and to 

the New England/Mid-Atlantic Regional 

Stranding Coordinator as soon as 

feasible. This includes entangled 

animals. All reports and associated data 

submitted to NMFS are included on the 

website for public inspection. 

Daily visual and acoustic detections 

of NARWs and other large whale species 

along the Eastern Seaboard, as well as 

Slow Zone locations, are publicly 

available on WhaleMap (https://

whalemap.org/WhaleMap/). Further, 

recent acoustic detections of NARWs 

and other large whale species are 

available to the public on NOAA’s 

Passive Acoustic Cetacean Map website 

(https://apps-nefsc.fisheries.noaa.gov/ 

pacm/#/narw). 

Comment 13: Oceana recommended 

increasing the shutdown zone to 1,000 

m (3,281 ft) for NARWs with 

requirements for HRG survey vessels to 

use PSOs and Passive Acoustic 

Monitoring (PAM) to establish and 

monitor these zones. 

Response: NMFS notes that the 500 m 

(1,640 ft) shutdown zone for NARWs 

exceeds the modeled distance to the 

largest 160 dB Level B harassment 

isopleth (141 m (463 ft) during sparker 

use) by a conservative margin to be extra 

cautious. Commenters do not provide a 

compelling rationale for why the 

shutdown zone should be even larger. 

Given that these surveys are relatively 

low impact and that, regardless, NMFS 

has prescribed a precautionary NARW 

shutdown zone that is larger (500 m 

(1,640 ft)) than the conservatively 

estimated largest harassment zone (141 

m (463 ft)), NMFS has determined that 

the shutdown zone is appropriate and 

an expansion of the shutdown zone to 

1,000 m (3,281 ft) is not warranted. 

Regarding the use of acoustic 

monitoring to implement the shutdown 

zones, NMFS does not anticipate that 

acoustic monitoring would be effective 

for a variety of reasons discussed below 

and therefore has not required it in this 

IHA. As described in the Description of 

Mitigation, Monitoring and Reporting 

Measures section, NMFS has 

determined that the prescribed 

mitigation and monitoring requirements 

are sufficient to effect the least 

practicable adverse impact on all 

affected species or stocks. 

The commenters do not explain why 

they expect that PAM would be effective 

in detecting vocalizing mysticetes, nor 

does NMFS agree that this measure is 

warranted, as it is not expected to be 

effective for use in detecting the species 

of concern. It is generally accepted that, 

even in the absence of additional 

acoustic sources, using a towed passive 

acoustic sensor to detect baleen whales 

(including NARWs) is not typically 

effective because the noise from the 

vessel, the flow noise, and the cable 

noise are in the same frequency band 

and will mask the vast majority of 

baleen whale calls. Vessels produce 

low-frequency noise, primarily through 

propeller cavitation, with main energy 

in the 5–300 hertz (Hz) frequency range. 

Source levels range from about 140 to 

195 decibel (dB) re 1 micropascal (mPa) 

at 1 meter (NRC, 2003; Hildebrand, 

2009), depending on factors such as 

ship type, load, and speed, and ship 

hull and propeller design. Studies of 

vessel noise show that it appears to 

increase background noise levels in the 

71–224 Hz range by 10–13 dB (Hatch et 

al., 2012; McKenna et al., 2012; Rolland 

et al., 2012). PAM systems employ 

hydrophones towed in streamer cables 

approximately 500 m (1,640 ft) behind 

a vessel. Noise from water flow around 

the cables and from strumming of the 

cables themselves is also low frequency 

and typically masks signals in the same 

range. Experienced PAM operators 

participating in a recent workshop 

(Thode et al., 2017) emphasized that a 

PAM operation could easily report no 

acoustic encounters, depending on 

species present, simply because 

background noise levels rendered any 

acoustic detection impossible. The same 

workshop report stated that a typical 

eight-element array towed 500 m (1,640 

ft) behind a vessel could be expected to 

detect delphinids, sperm whales, and 

beaked whales at the required range, but 

not baleen whales, due to expected 

background noise levels (including 

seismic noise, vessel noise, and flow 

noise). 

There are several additional reasons 

why we do not agree that use of PAM 

is warranted for 24-hour HRG surveys. 

While NMFS agrees that PAM can be an 

important tool for augmenting detection 

capabilities in certain circumstances, its 

utility in further reducing impact during 

HRG survey activities is limited. First, 

for this activity, the area expected to be 

ensonified above the Level B 

harassment threshold is relatively small 

(a maximum of 141 m (463 ft)); this 

reflects the fact that, to start with, the 

source level is comparatively low and 

the intensity of any resulting impacts 

would be lower level and, further, it 

means that inasmuch as PAM will only 

detect a portion of any animals exposed 

within a zone, the overall probability of 

PAM detecting an animal in the 

harassment zone is low. Together these 

factors support the limited value of 

PAM for use in reducing take with 

smaller zones. PAM is only capable of 

detecting animals that are actively 

vocalizing and, many marine mammal 

species vocalize infrequently or during 

certain activities, which means that only 

a subset of the animals within the range 

of the PAM would be detected (and 

potentially have reduced impacts). 

Additionally, localization and range 

detection can be challenging under 

certain scenarios. For example, 

odontocetes are fast moving and often 

travel in large or dispersed groups 

which makes localization difficult. 

Given that the effects to marine 

mammals from the types of surveys 

authorized in this IHA are expected to 

be limited to low level behavioral 

harassment even in the absence of 

mitigation, the limited additional 

benefit anticipated by adding this 

detection method (especially for NARW 

and other low frequency cetaceans, 

species for which PAM has limited 

efficacy), and the cost and 

impracticability of implementing a fulltime PAM program, we have determined 

the current requirements for visual 

monitoring are sufficient to ensure the 

least practicable adverse impact on the 

affected species or stocks and their 

habitat. 

Comment 14: Oceana recommended 

that when HRG surveys are allowed to 

resume after a shutdown event, the 

surveys should be required to use a 

ramp-up procedure to encourage any 

nearby marine life to leave the area. 

Response: NMFS agrees with this 

recommendation and included in the 

Federal Register notice of the proposed 

IHA (88 FR 14335, March 8, 2023) and 


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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85165 

this final IHA a stipulation that when 

technically feasible, survey equipment 

must be ramped up at the start or restart 

of survey activities. Ramp-up must 

begin with the power of the smallest 

acoustic equipment at its lowest 

practical power output appropriate for 

the survey. When technically feasible 

the power must then be gradually 

turned up and other acoustic sources 

added in a way such that the source 

level would increase gradually. NMFS 

notes that ramp-up would not be 

required for short periods where 

acoustic sources were shut down (i.e., 

less than 30 minutes) if PSOs have 

maintained constant visual observation 

and no detections of marine mammals 

occurred within the applicable 

shutdown zones. 

Changes From Proposed to Final 

Renewal IHA 

No changes were made from the 

proposed renewal IHA to the final 

renewal IHA. 

Determinations 

SouthCoast Wind’s planned activities 

consist of a subset of activities analyzed 

in the initial IHA. In analyzing the 

effects of the activities for the initial 

IHA, NMFS determined that SouthCoast 

Wind ’s activities would have a 

negligible impact on the affected species 

or stocks and that authorized take 

numbers of each species or stock were 

small relative to the relevant stocks (e.g., 

less than one-third the abundance of all 

stocks). The required mitigation 

measures and monitoring and reporting 

requirements, as described above, are 

identical to the initial IHA. 

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 draft 2023 

SAR estimated abundance of the NARW 

stock and other stocks, as shown in 

table 2 of the Federal Register notice for 

the proposed renewal IHA (89 FR 

76796, September 19, 2024). NMFS has 

authorized two 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. Additionally, 

only about 0.59 percent of this stock’s 

abundance is authorized to be taken by 

Level B harassment. 

Based on the information and analysis 

contained here and in the referenced 

documents, NMFS has determined the 

following: (1) the required mitigation 

measures will effect the least practicable 

impact on marine mammal species or 

stocks and their habitat; (2) the 

authorized takes will have a negligible 

impact on the affected marine mammal 

species or stocks; (3) the authorized 

takes represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) SouthCoast Wind’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

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 determined that the 

application of this categorical exclusion 

remains appropriate for this renewal 

IHA. 

Endangered Species Act 

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

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

Federal agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

NMFS Office of Protected Resources 

has authorized the incidental take of 

four species of marine mammals which 

are listed under the ESA, including the 

North Atlantic right, fin, sei, and sperm 

whale, and has determined that these 

activities fall within the scope of 

activities analyzed in NMFS Greater 

Atlantic Regional Fisheries Office’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). 

Renewal 

NMFS has issued a renewal IHA to 

SouthCoast Wind for the take of 15 

species (comprising 16 stocks) of marine 

mammals incidental to conducting 

marine site characterization surveys 

offshore of Massachusetts and Rhode 

Island in the BOEM Lease Area OCS–A 

0521 and associated ECR areas, which 

include the previously explained 

mitigation, monitoring, and reporting 

requirements. 

Dated: October 22, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–24889 Filed 10–24–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE404] 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will hold a one 

day in-person meeting of its Outreach 

and Education Technical Committee. 

DATES: The meeting will convene on 

Wednesday, November 13, 2024, from 

8:30 a.m. to 4 p.m., EST. 

ADDRESSES: The meeting will be held inperson at the Gulf Council office. Please 

visit the Gulf Council website at 

www.gulfcouncil.org for meeting 

materials. 

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: 

Emily Muehlstein, Public Information 

Officer, Gulf of Mexico Fishery 

Management Council; 

emily.muehlstein@gulfcouncil.org, 

telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Wednesday, November 13, 2024; 8:30 

a.m. until 4 p.m., EST 

The Meeting will begin with welcome 

and introductions, election of chair/vice 

chair, adoption of agenda, approval of 

December 19, 2023 meeting summary, 

and scope of work. 

The Committee will review 

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